DRAFT MEMORANDUM OF AGREEMENT AMONG DOMINION VIRGINIA POWER, THE VIRGINIA STATE HISTORIC PRESERVATION OFFICE, U.S

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1 DRAFT MEMORANDUM OF AGREEMENT AMONG DOMINION VIRGINIA POWER, THE VIRGINIA STATE HISTORIC PRESERVATION OFFICE, U.S. ARMY CORPS OF ENGINEERS NORFOLK DISTRICT, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION SUBJECT: ISSUANCE OF U.S. ARMY CORPS OF ENGINEERS PERMITS FOR THE PROPOSED SURRY-SKIFFES CREEK-WHEALTON TRANSMISSION LINE PROJECT, SURRY COUNTY, JAMES CITY COUNTY, YORK COUNTY, CITIES OF NEWPORT NEWS AND HAMPTON, VIRGINIA MONTH, YEAR WHEREAS, pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended, 54 U.S.C , and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits: Procedures for Protection of Historic Places, the US Army Corps of Engineers Norfolk District (Corps) is required to take into account the effects of federally permitted undertakings on properties included in or eligible for inclusion in the National Register of Historic Places (NRHP) prior to the issuance of permits for the undertaking and to consult with the Virginia State Historic Preservation Office (SHPO); and with the Advisory Council on Historic Preservation (ACHP) where historic properties are adversely affected; and WHEREAS, Virginia Electric and Power Company, d/b/a Dominion Virginia Power (Dominion), proposes to construct new electrical transmission line infrastructure in the Hampton Roads area of Virginia. The project is intended to provide sufficient and reliable electricity to residents, businesses, and government agencies located on the Virginia Peninsula, and to meet mandatory federal North American Electric Reliability Corporation Reliability Standards. The project is collectively known as the Surry Skiffes Creek Whealton project, located in Surry, James City, and York Counties and the Cities of Newport News and Hampton, Virginia (the Project); and WHEREAS, the Project involves construction of a new high voltage aerial electrical transmission line that consists of three components; (1) Surry Skiffes Creek 500 kilovolt (kv) aerial transmission line, (2) Skiffes Creek 500 kv 230 kv 115 kv Switching Station, and (3) Skiffes Creek Whealton 230 kv aerial transmission line. The proposed project will permanently impact 2,712 square feet (0.06 acres) of subaqueous river bottom and 281 square feet (0.01 acres) of non-tidal wetlands, and convert 0.56 acres of palustrine forested wetlands to scrub shrub non-tidal wetlands. The transmission lines will cross portions of the James River, Woods Creek, and Skiffes Creek. In addition to structures being built within the James River, structural discharges are proposed in non-tidal Page 1 of 61

2 wetlands. The proposed activities will require a Corps permit pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act; and WHEREAS, the Corps, in consultation with the Department of Historic Resources (DHR), which serves as the SHPO in Virginia, has determined that this Project s Area of Potential Effects (APE) shall consist of the Direct APE and an Indirect APE; and WHEREAS, the Direct APE is defined to include those areas where physical land disturbing activities may occur. The limits of the Direct APE consist of the limits of the Project right of way (ROW) and identified construction access areas. For construction access areas, a 25-foot width was used along the centerline of field located paths and roads outside of the Project ROW; and WHEREAS, the Indirect APE is defined to include those areas which may experience visual effects. The Indirect APE extends approximately 10 miles upstream and 13 miles downstream from the proposed river crossing and includes a buffer of approximately 0.5-miles inland from the shoreline within this area. The Indirect APE for areas where there are existing towers, and the proposed work will not result in a change in structure height greater than 10% or 20 feet is defined by the adjacent parcel boundaries or a 0.5 mile buffer, whichever is less. The limits of the Direct and Indirect APEs are shown on Attachment A; and WHEREAS, the SHPO, finds that the documents listed in Attachment B satisfy the Secretary of the Interior's Standards and Guidelines for Archaeological Documentation (48 FR , September 29, 1983) and the SHPO s Guidelines for Conducting Historic Resources Survey in Virginia (2011) and the SHPO s Assessing Visual Effects on Historical Properties; and WHEREAS, the Corps, in consultation with the SHPO, has determined that 57 resources as described in the attached table (Attachment C) and as depicted on the attached map (Attachment C) are listed, eligible for listing, or treated as eligible for listing in the NRHP for the purposes of Section 106 compliance and are considered historic properties for purposes of the Project. One additional resource, the Jamestown Island-Hog Island Cultural Landscape Historic District, was considered potentially eligible and also was included for consideration, and it also is listed on Attachment C; and WHEREAS, the Corps requested a formal determination of eligibility (DOE) for the Captain John Smith Chesapeake National Historic Trail (Captain John Smith Chesapeake NHT) from the Keeper of the National Register (Keeper) on July 2, 2015; and, the Keeper issued a formal DOE to the Corps on August 14, 2015 (Attachment D) and concluded that the entire Indirect APE, excluding the inland portions, is eligible for the NRHP as a historic district under Criteria A, B, C, and D, because it contains a significant cultural landscape and that the Captain John Page 2 of 61

3 Smith Chesapeake NHT within the APE is a contributing element of that district; and WHEREAS, the Corps refers to the eligible historic district identified by the Keeper in its letter of August 14, 2015 as the Historic District (formally Jamestown Island-Hog Island Cultural Landscape) including CAJO (No VDHR#) and for the purposes of this Memorandum of Agreement (MOA) shall refer to this property as the Jamestown Island-Hog Island-Captain John Smith Trail Historic District (No VDHR#) 1 ; and WHEREAS, the Corps, in consultation with the SHPO, Advisory Council on Historic Preservation (ACHP), and Consulting Parties, has determined that the undertaking will have an adverse effect on archaeological site 44JC0662, the Jamestown Island-Hog Island-Captain John Smith Trail Historic District, which includes the contributing section of the Captain John Smith Chesapeake NHT within the APE, Carter s Grove National Historic Landmark (VDHR # ) 2, Colonial National Historical Park/Colonial Parkway Historic District (VDHR # ), Hog Island Wildlife Management Area (VDHR # ), Jamestown National Historic Site/Jamestown Island/Jamestown Island Historic District (VDHR # ), the Battle of Yorktown (VDHR # ), and Fort Crafford (VDHR # ) (Attachment C); and WHEREAS, the Corps has invited the participation of the SHPO in this consultation as a Signatory Party, as that term is further defined in Stipulation XVII.f herein, and the SHPO has elected to participate; and WHEREAS, the Corps has invited the participation of the ACHP in this consultation as a Signatory Party, as that term is further defined in Stipulation XVII.f herein, and ACHP has elected to participate; and WHEREAS, the Corps has invited Dominion to participate in this consultation and to sign this MOA as an Invited Signatory Party, as that term is further defined in Stipulation XVII.d herein, and Dominion has elected to participate; and WHEREAS, the Corps has invited the following Federally Recognized Tribes: Catawba Indian Nation, the Delaware Tribe of Indians, the Delaware Nation, and the Pamunkey Indian Tribe to participate in this consultation. The Catawba 1 In its determination of eligibility the Keeper of the National Register did not establish a formal name for this historic property, which has been referred to by the Corps as Historic District (formally Jamestown Island-Hog Island Cultural Landscape) including CAJO (No VDHR#). The SHPO has referred to this property as the Captain John Smith Trail Historic District. The Corps name for the historic property is used here and later simplified to Jamestown Island-Hog Island- Captain John Smith Trail Historic District for reference purposes in this MOA only. 2 The Virginia Department of Historic Resources and Virginia Outdoors Foundation are the current holders of historic preservation and open space easements on the Carter s Grove property. Page 3 of 61

4 Indian Nation and the Delaware Nation declined; however the Delaware Tribe of Indians and the Pamunkey Indian Tribe have elected to participate; and. WHEREAS, the Corps has invited the following Virginia State Recognized Tribes: the Cheroenhaka (Nottoway), the Chickahominy, the Eastern Chickahominy, the Mattaponi, the Upper Mattaponi, the Nansemond Tribal Association, the Nottoway Tribe of Virginia, and the Rappahannock to participate in this consultation and only the Chickahominy have elected to participate; and WHEREAS, the Corps has invited James City County, Surry County, the City of Newport News, York County, the City of Williamsburg, and the City of Hampton to participate in this consultation, and only James City County has elected to participate; and WHEREAS, the Corps has invited the following Consulting Parties: The National Parks and Conservation Association, the Save the James Alliance, the Chesapeake Conservancy, United States Department of the Interior (National Park Service, Colonial National Historical Park), United States Department of the Interior (National Park Service, Northeast Region), the Colonial Williamsburg Foundation, Preservation Virginia, Scenic Virginia, The National Trust for Historic Preservation, BASF, the James River Association, the National Park Service American Battlefield Protection Program, First California Company Jamestowne Society, Margaret Fowler, citizen, and the Council of Virginia Archaeologists, to participate in this consultation and they have all elected to participate; and WHEREAS, the Corps has invited the Kingsmill Community Services Association, the Southern Environmental Law Center and the steward of Carter s Grove National Historic Landmark, to participate in this consultation and they all have declined to participate; and WHEREAS, the Corps has involved the public in the Section 106 process by seeking public comment at the following stages of consultation: the initiation of consultation under Section 106 (August 28, 2013), identification of historic properties (November 13, 2014), and assessment and resolution of adverse effects (May 21, 2015); and WHEREAS, the Corps, ACHP, SHPO, Dominion, and the Consulting Parties have held five official Consulting Party meetings (September 25, 2014; December 9, 2014; June 24, 2015; October 15, 2015; and, February 2, 2016), which also were open to the public, as well as numerous informal meetings, correspondence, and conferences/teleconferences (Attachment E); and WHEREAS, the Corps issued a separate public notice (October 1, 2015) (Attachment E), which announced that the Corps would hold a public hearing and which the Corps advertised electronically; and Page 4 of 61

5 WHEREAS, the Corps conducted a Public Hearing for the Project on October 30, 2015, to solicit public comments and held the Public Comment Period open until November 13, 2015 (Attachment E); and WHEREAS, the Corps has completed its identification of historic properties and its evaluation of the Project s potential adverse effects thereon under 36 C.F.R & 800.5, and the SHPO concurred with the Corps conclusions; and WHEREAS, Dominion has identified several Initial Avoidance, Minimization, and Mitigation Measures (Stipulation I) that it will commence and complete, as further described herein; and WHEREAS, Dominion has also identified several properties (the Identified Properties) where it proposes to fund additional mitigation projects (e.g., land acquisition, natural and cultural resource restoration or preservation, property or landscape enhancements, etc.) that the Signatory Parties conclude will contribute to or improve the overall integrity, most notably the setting and feeling, of the Identified Property and the broader historic district; and WHEREAS, the SHPO s guidance document titled Assessing Visual Effects on Historical Properties (SHPO Visual Effects Guidance) outlines its recommended approach to evaluating and mitigating visual effects on historic properties; and WHEREAS, the SHPO Visual Effects Guidance advises, among other things, that mitigation should take into account the views of the property owner, community, and other interested members of the public; and WHEREAS, the Signatory Parties find that the mitigation measures that this MOA employs the Stipulation I Initial Avoidance, Minimization, and Mitigation Measures in combination with the Stipulation III Additional Compensatory Mitigation Projects are sufficient to resolve the Project s adverse effects on the historic properties identified in Attachment C. NOW THEREFORE, in order to satisfy the Corp s Section 106 responsibilities to take into account and resolve the effects of the undertaking requiring Corps permits on historic properties, the Signatory Parties here acknowledge that compliance with this MOA shall be made a condition of any permit issued by the Corps for the work described; thereby effectively incorporating all terms, provisions and stipulations of this MOA as conditions to the permit such that if any provision or stipulation herein is not fulfilled, such failure will constitute noncompliance with the permit, and the Corps may pursue enforcement and may seek all available remedies. Page 5 of 61

6 STIPULATIONS I INITIAL AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES a. TREATMENT OF ARCHEOLOGICAL SITE 44JC0662 (Switching Station) 1 Prior to any construction at the Skiffes Creek Switching Station, Dominion in consultation with the Corps, SHPO, ACHP, and the Participating Parties to this MOA shall develop an approved Treatment Plan for site 44JC0662. The Treatment Plan shall be consistent with the Secretary of the Interior's Standards and Guidelines for Archaeological Documentation (48 FR , September 29, 1983) and the SHPO s Guidelines for Historic Resources Survey in Virginia (2011) and shall take into account the ACHP s publications, Recommended Approach for Consultation on Recovery of Significant Information from Archeological Sites (1999; updated September 30, 2010) and Section 106 Archaeology Guidance (April 2009). The plan shall specify at a minimum, the following: A. the property, properties, or portions of properties where site specific data recovery plans will be carried out; B. the portion(s) of the site(s) to be preserved in place, if any, as well as the measures to be taken to ensure continued preservation; C. any property, properties, or portions of properties that will be destroyed or altered without data recovery; D. the research questions to be addressed through data recovery, with an explanation of their relevance and importance; E. the methods to be used in analysis, and data management with an explanation of their relevance to the research questions; F. the proposed disposition of recovered materials and records; G. proposed methods of disseminating the results of the work to the interested public and/or organizations who have expressed an interest in the data recovery, subject to revision based on the results of the data recovery proceeds; and H. a schedule for the submission of progress reports to the Corps, SHPO, ACHP, and other Participating Parties. 2 To facilitate plan approval, Dominion will provide a draft plan to the Corps, SHPO, ACHP, and other Participating Parties to this MOA. All parties will be given thirty (30) days to review and provide comment. If Page 6 of 61

7 no comments are submitted, the Corps may assume the nonresponding party has no comments. Dominion shall consider all comments received and submit the final Treatment Plan to the Corps for approval. The final Treatment Plan shall be accompanied with a separate document that summarizes the comments received and an explanation for how each comment was considered and/or incorporated into the development of the final Plan. The plan will be considered approved upon the Corps written approval. 3 Prior to commencing construction activities at the Switching Station Site that could affect archaeological site 44JC0662.Dominion shall ensure that the approved Treatment Plan is implemented. 4 Dominion shall notify the Corps in writing no later than fifteen (15) days after completion of the fieldwork portion of the Treatment Plan. Notification shall include a brief management summary. If so requested by the Corps, Dominion shall facilitate any site visit. 5 Project activities may proceed following this notification while the technical report is in preparation. The Corps may approve construction activities and/or construction related ground disturbing activities in the area and within the boundary of the affected archaeological site while the technical report is in preparation. 6 Dominion and/or its assignees shall photograph the work and artifacts, and display in an appropriate place in the Project vicinity on a temporary or permanent basis, artifacts or images, with the exception of human remains, funerary objects, or sacred items. 7 Within one (1) year of the notification that fieldwork has been completed, Dominion shall submit to the Corps a report (following the requirements for preparation and review of draft and final reports in stipulation V) of the results of the Treatment Plan investigations. Once the Corps has approved the final report, Dominion shall provide two (2) copies of that document, bound and on acid-free paper and one electronic copy in Adobe Portable Document Format (.pdf) to the SHPO and one (1) copy to any other Participating Parties requesting a copy. b. AVOIDANCE OF UNDERWATER AND TERRESTRIAL ARCHAEOLOGICAL SITES 1 Prior to any construction that could impact archeological resources within the Direct APE Dominion in consultation with the Corps, SHPO, ACHP, and the Participating Parties to this MOA shall develop an approved Avoidance Plan for all archaeological sites listed in Attachment C. The Avoidance Plan shall include: Page 7 of 61

8 A. Project plans showing the location of the cultural anomalies and all archaeological sites identified in Attachment C located within the direct APE; B. Boundaries of the buffered anomalies and archaeological sites identified in Attachment C within the direct APE, relative to all proposed project elements including but not limited to coffer dams, tower footers, fenders, and mooring/anchoring locations, access roads, construction staging and equipment and materials storage area; C. Detailed steps and construction protocols for ensuring avoidance of buffered areas and the handling of any unanticipated project activity that may inadvertently affect the underwater anomalies or terrestrial archaeological sites during construction; D. Dominion shall fund an independent archeologist (Archaeological Monitor) who meets the professional qualifications established in Stipulation IV below and who is approved by the SHPO to observe and monitor ground disturbances associated with construction to ensure the protection of all archaeological sites identified in Attachment C. The Archaeological Monitor shall also be responsible for ensuring that the requirements of Stipulation VII for unanticipated discoveries are carried out as appropriate; and E. The Pamunkey Indian Tribe may have a member or representative present to observe and monitor ground disturbances associated with construction to ensure the protection of Native American Artifacts. 2 To facilitate plan approval, Dominion will provide a draft plan to the Corps, SHPO, ACHP, and other Participating Parties to this MOA. All parties will be given thirty (30) days to review and provide comment. If no comments are submitted, the Corps may assume the nonresponding party has no comments. Dominion shall consider all comments received and submit the final Avoidance Plan to the Corps for approval. The final Avoidance Plan shall be accompanied with a separate document that summarizes the comments received and an explanation for how each comment was considered and/or incorporated into the development of the final Plan. The plan will be considered approved upon the Corps written approval. 3 Prior to any construction activities that could affect archeological sites identified in Attachment C, Dominion shall ensure the approved Avoidance Plan has been fully implemented Page 8 of 61

9 4 Dominion shall notify the Corps in writing no later than fifteen (15) days after plan implementation. Notification shall include a brief management summary. If so requested by the Corps, Dominion shall facilitate any site visit. c. INTERPRETIVE SIGNAGE 1 Prior to Limited Construction within the James River, activities as defined in XVII.g, Dominion in consultation with the Corps, SHPO, ACHP, and the Participating Parties to this MOA shall develop an approved Signage Plan. In developing the Signage Plan Dominion shall: A. Identify locations on publically accessible lands, including recreational and heritage tourism destinations, for a minimum of ten (10) interpretive signs, B. Ensure that signs are designed to enhance visitor experience by informing visitors about the historic significance and character of the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other thematically related locations, C. Review and evaluate existing and any planned signage and other interpretive media currently serving the historic properties at issue so as to develop signage that is complementary, D. Include proposed signage text, images and other materials, and E. Include proposed signage locations and confirm any necessary authorizations and/or permissions to allow sign placement. 2 To facilitate plan development, Dominion will provide a draft Signage Plan to the Corps, SHPO, ACHP, and other Participating Parties to this MOA. All parties will be given thirty (30) days to review and provide comment. If no comments are submitted, the Corps may assume the non-responding party has no comments. Dominion shall consider all comments received and submit the final Signage Plan to the Corps for approval. The final Signage Plan shall be accompanied with a separate document that summarizes the comments received and an explanation for how each comment was considered and/or incorporated into the development of the final Plan. The plan will be considered approved upon the Corps written approval. 3 Prior to Construction Above the James River activities as defined in XVII.h, Dominion shall complete fabrication and installation of all signage in accordance with the approved Signage Plan. Page 9 of 61

10 4 Interpretive signage or any other mitigation under this Memorandum of Agreement (MOA) shall not contain any information about Dominion or its business. 5 Dominion shall pay for the fabrication and installation of all interpretive signs and notify the Signatory Parties in writing of the installation within thirty (30) days of their completion. 6 Dominion shall secure an agreement between corresponding landowners outlining long term maintenance responsibilities and obligations; otherwise Dominion shall be responsible for any required maintenance for the life of the MOA. d. LANDSCAPE DOCUMENTATION OF JAMES RIVER 1 Prior to any construction on the Project within the James River, Dominion shall develop a Historic American Landscapes (HALS) Survey of the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and all other adversely effected properties identified in Attachment C. Dominion shall comply with National Park Service (NPS) Heritage Documentation Program Standards and Guidelines. Development shall include completion of all required photography and preparation of all necessary illustrations, maps and line drawings in accordance with the most recent SHPO archival guidelines 2 Prior to any construction on the Project within the James River Dominion shall submit the completed HALS survey to the NPS Heritage Documentation Program for review and provide copies to the Corps, SHPO, ACHP, and the Participating Parties to this MOA. 3 Following acceptance of the HALS Survey by NPS, Dominion shall arrange for the submittal of the required documentation to the Library of Congress. 4 Consistent with National Park Service guidance, the completed HALS Survey and photo-documentation should be used to, among other things, inform the mitigation projects under this MOA, as well as to aid in educational, investigative, preservation, and interpretive activities that enhance, directly or indirectly, the relevant historic properties. e. SURRY SKIFFES CREEK TOWER COATINGS 1 Dominion shall examine all available and feasible tower coating and finishing materials and methods that will further minimize and/or maintain the visual intensity of the transmission line infrastructure crossing the river, above and beyond the visibility reduction achieved by standard weathered galvanized steel coatings, that meet and comply with all applicable state and federal law. Page 10 of 61

11 2 Prior to Limited Construction Within the James River, Dominion shall submit its analysis of potential tower coatings, finishing materials, and maintenance methods along with its recommendation to the Corps, SHPO, ACHP, and other Participating Parties to this MOA. All parties will be given thirty (30) days to review and provide comment. If no comments are submitted, the Corps may assume the non-responding party has no comments. 3 Considering all comments as appropriate, Dominion shall identify suitable tower finishing and coating materials that most minimize visibility of the transmission line infrastructure. Dominion shall apply the identified coating or finishing material or method to the towers as soon as conditions allow for effective application but no later than one (1) year after energization of the line. 4 Dominion shall ensure that all towers are maintained over their lifespan such that their visual contrast and intensity remains at levels consistent or less than when originally installed. II ADDITIONAL COMPENSATORY MITIGATION PROJECT FUNDING, REPORTING, AND STUDIES a. Project Funding and Annual Reports: 1 Prior to any construction on the Project within the James River, Dominion shall provide to the Signatory Parties documentation demonstrating that Dominion has made funding available in accordance with the following: A. A fund in the amount of $27,700, to be managed by the Conservation Fund (TCF) or the appropriate entities of the Commonwealth of Virginia if Alternative Mitigation Projects are pursued, for the resolution of adverse effects. In the establishing documentation, Dominion shall ensure that the funds are used exclusively to implement the projects outlined in Stipulations III.a, III.b, and III.c of this MOA. B. A fund in the amount of $25,000, to be managed by the Virginia Department of Conservation and Recreation (DCR) for the resolution of adverse effects. In the establishing documentation, Dominion shall ensure that this fund is used exclusively to implement the projects outlined in Stipulation III.d of this MOA. C. A fund in the amount of $4,205, to be managed by the Virginia Department of Game and Inland Fisheries (DGIF) for the resolution of adverse effects. In the establishing documentation, Dominion shall ensure that this fund is used exclusively to implement the projects outlined in Section III.e of this MOA. Page 11 of 61

12 D. A fund in the amount of $15,595, to be managed by the Virginia Environmental Endowment (VEE) for the resolution of adverse effects. In the establishing documentation, Dominion shall ensure that this fund is used exclusively to implement and execute projects in accordance with Stipulation III.f of this MOA. E. A fund in the amount of $12,500, to be managed by the Virginia Land Conservation Fund (VLCF) for the resolution of adverse effects. In the establishing documentation, Dominion shall ensure that this fund is used exclusively to implement and execute projects in accordance with Stipulation III.g of this MOA. 2 All projects funded by the accounts created in accordance with Stipulation II.a.1 above shall comply with all applicable local, Commonwealth, and federal laws and regulations. Execution of this MOA shall not permit Dominion to proceed with any project before obtaining all necessary permits and permissions. 3 Dominion shall provide an annual report due by January 30 each year summarizing disbursement of funds from the accounts created in accordance with Stipulation II.a.1 and progress for each project for the preceding year. The annual report shall also identify project changes or challenges experienced during the reporting year, as well as anticipated challenges or changes expected in the coming reporting year. Dominion will submit the annual report to the Signatories. Any disputes regarding dispensing and use of funds shall be handled in accordance with Stipulation XI below. 4 All funds shall be obligated within ten (10) years of the effective date of this MOA; however, nothing herein shall require that funded projects be completed within that time frame, unless otherwise noted. 5 Dominion shall use reasonable efforts to obligate 50 percent of the funds within five years; and, 100 percent of the funds within ten years of the effective date of this MOA. 6 Notwithstanding Stipulations II.a.4-5, a failure to have all funds obligated within ten years after the mitigation fund is established does not constitute a breach of the terms of this MOA, but instead triggers Stipulation II.a.7. 7 Any mitigation compensation funds that are not obligated or committed to a project within twelve years after the effective date of this MOA shall be transferred to a legally separate mitigation compensation fund administered by the VLCF for expenditure on projects, programs, and activities at historic properties and associated historic landscapes Page 12 of 61

13 within or related to the indirect APE that were adversely affected by this project. 8 The funds described in Stipulation II.a.1 shall be used exclusively for projects selected in accordance with Stipulation III, or in accordance with Stipulation II.a.7 in appropriate circumstances. Dominion shall separately provide necessary additional funds to complete any mitigation projects required under Stipulations I.a to I.e and to complete the Heritage Tourism and Visitor Experience Study required under Stipulation II.b. 9 The projects selected under Stipulation III shall be scaled, planned, designed, procured, constructed, and operated at funding levels consistent with the allocations set out in Stipulation II.a.1 respectively. If additional funds are required beyond those allocated in Stipulation II.a.1 Dominion shall promptly provide the minimum additional funding necessary to complete the specific mitigation project. 10 In the event the Corps revokes the permit for the project for any reason, or the permit is invalidated for any reason, all unexpended mitigation funds identified in Stipulation II(a)(1) above shall be returned to Dominion within 90 days of receipt of notice from the Corps that the project has been cancelled or terminated. Specific mitigation projects in the process of implementation at the time of notice shall be completed and documented in accordance with the terms of the MOA. b. Heritage Tourism and Visitor Experience Study and Enhancement: 1 Prior to construction on the Project within the James River, Dominion, in consultation with the Signatory Parties, shall initiate a Heritage Tourism and Visitor Experience study (which includes ecotourism) for publically accessible, publically owned, and actively marketed historic properties (heritage tourism sites) and ecotourism activities located within the Indirect APE). The purpose of the study is to evaluate current heritage tourism and visitor experience within the Indirect APE in order to inform mitigation activities required by this MOA and to develop a marketing and visitation program to promote and enhance heritage tourism sites (which includes the historic properties addressed by this MOA) and visitor experiences within the Indirect APE. 2 Dominion shall undertake the Heritage Tourism and Visitor Experience study in collaboration with landowners of heritage tourism sites within the Indirect APE. Dominion shall take appropriate effort to seek the participation of the landowners of Jamestown Island and Historic Jamestowne, Hog Island Wildlife Management Area (WMA), Jamestown Settlement, Colonial Parkway and elements of Colonial National Historical Park, and elements of the Captain John Smith Page 13 of 61

14 Chesapeake NHT. Should any of the landowners elect not to participate, Dominion shall proceed with the study using otherwise available information. 3 Dominion shall complete the Heritage Tourism and Visitor Experience study within eight (8) months of initiation. 4 To the extent possible, the Heritage Tourism and Visitor Experience study should include data from shoulder and peak visitation seasons. Shoulder months include March, April, May, September, October or November. Peak months include June, July and August. 5 Upon completion, Dominion shall provide the draft study to the Corps, SHPO, ACHP, and other Participating Parties to this MOA. All parties will be given thirty (30) days to review and provide comment. If no comments are submitted, the Corps may assume the non-responding party has no comments. Dominion shall consider all comments received and submit the study for approval to the Signatories of the MOA. The Heritage Tourism and Visitor Experience study will be considered final upon the Corps written approval. 6 The implementation of projects in Stipulations III may proceed in advance of the final Heritage Tourism and Visitor Experience study recommendations. However, as the study progresses, Dominion shall use the study s findings to inform its mitigation efforts. 7 No more than thirty (30) days after Corps approval of the final Heritage Tourism and Visitor Experience study Dominion shall initiate consultation with the Corps, SHPO, ACHP, Participating Parties and participating management entities of impacted heritage tourism sites, to develop a marketing and visitation program (Program) to promote and enhance the impacted heritage tourism sites and visitor experience within the indirect APE. 8 No more than one (1) year following Corps approval of the final Heritage Tourism and Visitor Experience study Dominion shall provide the draft marketing and visitation program to the Corps, SHPO, ACHP, and other Participating Parties to this MOA. All parties will be given thirty (30) days to review and provide comment. If no comments are submitted, the Corps may assume the non-responding party has no comments. Dominion shall consider all comments received and submit the final marketing and visitation program to the Signatories of the MOA. The marketing and visitation program will be considered approved upon the Corps written approval. 9 No more than thirty (30) days after approval of the marketing and visitation program Dominion shall proceed to partner with the approved Page 14 of 61

15 implementing organizations to implement the Program. Dominion s funding responsibilities shall be limited to the average annual budget for the preceding two years for marketing programs by the management entities of publicly accessible sites within the Indirect APE. III ADDITIONAL COMPENSATORY MITIGATION PROJECTS - Dominion shall fulfill the following actions as mitigation for the Project s direct, indirect, and cumulative adverse effects to historic properties and the related cultural and natural landscapes contributing to their significance. Dominion shall undertake projects that will, as confirmed by Signatory Parties enhance and/or contribute to preservation of the setting and feeling of sites associated with early Colonial and Native American cultures of this area. All mitigation actions shall be designed, operated and maintained to provide these benefits for at least the life of this Memorandum of Agreement (MOA). a. Within the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and the thematically related areas Dominion shall complete the following projects related to protecting and/or enhancing the early Colonial agricultural landscape and setting. Dominion will make all effort to complete Stipulations III.a.1 - III.a.5 below. Should Dominion be unable to obtain cooperation of the Carters Grove landowner, Dominion shall complete Stipulations III.a.6 III.a Prior to any construction on the Project within the James River, Dominion shall: A. Submit to the Signatories of this MOA written confirmation that Dominion has requested access to property and cooperation from the Landowner of Carters Grove to identify specific landscape and viewshed enhancement, shoreline protection, and other projects that enhance the affected setting and feeling of Carter s Grove. B. Working with the landowner of Carters Grove, identify and submit to the Signatories of this MOA the location and type of shoreline stabilization activities proposed to address approximately 6,000 linear feet of shoreline. C. Working with the landowner of Carters Grove, submit to the Corps, SHPO, ACHP, and Participating Parties a draft list of projects and draft Project Narrative listing and describing projects to be carried out that will preserve and/or enhance the character or viewshed of Carter s Grove. This draft Project Narrative shall identify specific projects, list tasks necessary to execute each project, provide a timeline for accomplishment of each project and describe how each Page 15 of 61

16 project enhances the historic value of the resource. All parties will be given thirty (30) days to review and provide comment. 2 Before beginning Limited Construction within the James River Dominion must receive approval of the list of projects to be carried out at Carters Grove. The project list will be considered approved once the SHPO has confirmed that the projects will enhance the historic setting and feeling of Carters Grove and the Corps has provided written approval. 3 Dominion may not proceed further than Limited Construction within the James River until the Corps has approved the final Project Narrative for projects to be carried out at Carters Grove. To facilitate this approval, Dominion shall consider all comments and submit to the Signatories of this MOA a final Project Narrative describing projects to be carried out at Carters Grove. This final Project Narrative shall include confirmation that the Dominion and/or all appropriate parties have all access and permissions necessary to complete all identified mitigation work. This final Project Narrative will be considered approved once the SHPO has confirmed that the projects as proposed will enhance the affected setting and feeling of Carter s Grove and the Corps has provided written approval. 4 Within one (1) year of initiating Limited Construction within the James River Dominion must receive approval of the final Project Narrative or must remove all structures and/or fill placed within the James River in association with the line installation as approved by this permit action and restore the area to pre-disturbed conditions. 5 No more than one (1) year following the initiation of Construction Above the James River, and annually thereafter, Dominion shall provide to the Signatories of this MOA, a report containing detailed plans for each project to be accomplished within the next year according to the timeline in the approved Project Narrative and confirmation that appropriate projects have commenced or are under contract to commence. With this annual report, Dominion may also request modification to the project list or narratives to address changes in circumstances over the previous year. A requested modification will be considered approved once the SHPO has confirmed that the projects will enhance the affected setting and feeling of Carter s Grove and the Corps has provided written approval. 6 In the event that the Landowner of Carters Grove fails to provide the requisite property access or cooperation as required in Stipulation III.a.1.A to complete the work required in Stipulation III.a.1-5, Dominion shall provide to the Signatory Parties, evidence that Dominion has made good faith effort to secure access and cooperation. Such Page 16 of 61

17 evidence may include Dominion s written request for such access and cooperation and the Landowner s denial or failure to reach a written agreement within 45 days of that written request. In the event that (i) the landowner of Carters Grove and Dominion fail to reach agreement on the requisite property access or cooperation as required in Stipulation III.a.1.A within 45 days of Dominions written request; (ii) the Landowner of Carters Grove and Dominion fail to agree upon the list of projects required in III.a.1.B and III.a.1.C within 30 days of reaching agreement on property access and cooperation; or (iii) the Landowner of Carters Grove and Dominion fail to agree upon the Project Narratives required by III.a.1.C within 60 days of reaching agreement on property access and cooperation, Dominion may request approval to pursue Alternative Measures as defined in Stipulations III.a.7 III.a Once the Corps has approved pursuit of Alternative Measures and prior to any construction within the James River, Dominion shall: A. Submit to the Signatories of this MOA written confirmation that Dominion is working in cooperation with the Virginia Department of Conservation and Recreation (DCR) to identify specific landscape and viewshed enhancement, shoreline protection, and other projects that enhance the affected setting and feeling of Chippokes Plantation State Park. B. Working with the SHPO, identify and submit to the Signatories of this MOA the location and type of shoreline stabilization activities proposed to address approximately 8,000 linear feet of shoreline at Chippokes State Park. C. Working with the SHPO, submit to the Corps, SHPO, ACHP, and Participating Parties a draft Project Narrative listing and describing projects to be carried out that will preserve and/or enhance the historic character or viewshed of Chippokes Plantation State Park. This draft Project Narrative shall identify specific projects related to enhancement of visitor facilities, development of 17 th Century agricultural techniques and colonial life and preservation of Chippokes Mansion. This draft Project Narrative shall also list tasks necessary to execute each project, provide a timeline for accomplishment of each project and describe how each project enhances the historic value of the resource. All parties will be given thirty (30) days to review and provide comment. 8 Before beginning Limited Construction within the James River Dominion must receive approval of the list of projects to be carried out at Chippokes Plantation State Park. The project list will be considered approved once the SHPO has confirmed that the projects will Page 17 of 61

18 enhance the historic setting and feeling of Chippokes Plantation State Park and the Corps has provided written approval. 9 Dominion may not proceed further than Limited Construction within the James River until the Corps has approved the final Project Narrative for projects to be carried out at Chippokes Plantation State Park. To facilitate this approval, Dominion shall consider all comments and submit to the Signatories of this MOA a final Project Narrative describing projects to be carried out at Chippokes Plantation State Park. This final Project Narrative shall include confirmation that Dominion and/or all appropriate parties have all access and permissions necessary to complete all identified mitigation work. This final Project Narrative will be considered approved once the SHPO has confirmed that the projects will enhance the historic setting and feeling of Chippokes Plantation State Park and the Corps has provided written approval. 10 Within one (1) year of initiating Limited Construction within the James River Dominion must receive approval of the final Project Narrative or must remove all structures and/or fill placed within the James River in association with the line installation as approved by this permit action and restore the area to pre-disturbed conditions. 11 No more than one (1) year following the initiation of Construction Above the James River, and annually thereafter, Dominion shall provide to the Signatories of this MOA, a report containing detailed plans for each project to be accomplished within the next year according to the timeline in the approved Project Narrative and confirmation that appropriate projects have commenced or are under contract to commence. With this annual report, Dominion may also request modification to the project list or narratives to address changes in circumstances over the previous year. A requested modification will be considered approved once the SHPO has confirmed that the projects will enhance the historic setting and feeling of Chippokes Plantation State Park and the Corps has provided written approval. b. Within the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and the thematically related areas Dominion shall complete the following projects related to preserving and/or enhancing the overall landscape. Dominion will make all effort to complete Stipulations III.b.1 - III.b.5 below. Should Dominion be unable to obtain cooperation of the National Park Service (NPS), Dominion shall complete Stipulations III.b.6 III.b Prior to any construction on the Project within the James River, Dominion shall: Page 18 of 61

19 A. Submit to the Signatories of this MOA written confirmation that Dominion has requested property access and cooperation from the NPS, Colonial National Historical Park to identify specific landscape enhancement and shoreline protection or viewshed enhancement projects that preserve the setting and feeling of the Colonial Parkway unit consistent with its design, open and forested areas, other natural elements, and interpretive areas as documented in the National Park Service s Cultural Landscape Inventory (2008). B. Working with the NPS, submit to the Corps, SHPO, ACHP, and Participating Parties a draft list of projects and a Project Narrative listing and describing projects to be carried out that will preserve and/or enhance the character or viewshed of the Colonial Parkway unit. This draft Project Narrative shall identify specific projects, list tasks necessary to execute each project, provide a timeline for accomplishment of each project and describe how each project enhances the historic value of the resource. All parties will be given thirty (30) days to review and provide comment. 2 Before beginning Limited Construction within the James River Dominion must receive approval of the list of projects to be carried out at Colonial Parkway unit. The project list will be considered approved once the SHPO has confirmed that the projects will enhance the historic setting and feeling of Colonial Parkway unit and the Corps has provided written approval. 3 Dominion may not proceed further than Limited Construction within the James River until the Corps has approved the final Project Narrative for projects to be carried out at the Colonial Parkway unit. To facilitate this approval, Dominion shall consider all comments and submit to the Signatories of this MOA a final Project Narrative describing projects to be carried out at the Colonial Parkway unit. This final Project Narrative shall include confirmation that Dominion and/or all appropriate parties have all access and permissions necessary to complete all identified mitigation work. This final Project Narrative will be considered approved once the SHPO has confirmed that the projects will enhance the affected setting and feeling of the Colonial Parkway unit and the Corps has provided written approval. 4 Within one (1) year of initiating Limited Construction within the James River Dominion must receive approval of the final Project Narrative or must remove all structures and/or fill placed within the James River in association with the line installation as approved by this permit action and restore the area to pre-disturbed conditions. 5 No more than one (1) year following the initiation of Construction Above the James River, and annually thereafter, Dominion shall Page 19 of 61

20 provide to the Signatories of this MOA, a report containing detailed plans for each project to be accomplished within the next year according to the timeline in the approved Project Narrative and confirmation that appropriate projects have commenced or are under contract to commence With this annual report, Dominion may also request modification to the project list or narratives to address changes in circumstances over the previous year. A requested modification will be considered approved once the SHPO have confirmed that the projects will enhance the affected setting and feeling of the Colonial Parkway unit and the Corps has provided written approval. 6 In the event that the NPS fails to provide the requisite property access or cooperation as required in Stipulation III.b.1.A to complete the work required in Stipulation III.b.1-5, Dominion shall provide to the Signatory Parties, evidence that Dominion has made good faith effort to secure property access and cooperation. Such evidence may include Dominion s written request for such property access and cooperation and the NPS s denial or failure to reach a written agreement on property access and cooperation within 45 days of that written request. In the event that (i) NPS and Dominion fail to reach agreement on property access or cooperation as required in Stipulation III.b.1A within 45 days of Dominion s written request to NPS for property access and cooperation; (ii) the NPS and Dominion fail to agree upon the list of projects required in III.b.1.B within 30 days of reaching written agreement on property access and cooperation; or (iii) the NPS and Dominion fail to agree upon the Project Narratives required by III.b.1.B within 60 days of reaching written agreement on property access and cooperation, Dominion may request approval to pursue Alternative Measures as defined in Stipulations III.b.7 III.b Once the Corps has approved pursuit of Alternative Measures and prior to any construction within the James River, Dominion shall: A. Submit to the Signatories of this MOA written confirmation that Dominion is working in cooperation with the Commonwealth of Virginia to identify specific landscape and viewshed enhancement, shoreline protection, and other projects that preserve and/or enhance the setting, feeling and/or overall understanding of the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and thematically related areas. B. Working with the Commonwealth of Virginia, submit to the Corps, SHPO, ACHP, and Participating Parties a draft Project Narrative listing and describing projects to be carried out that will support, preserve and/or enhance the historic character or viewshed of Jamestown Settlement. This draft Project Narrative shall identify specific projects related to educational exhibits and interpretive Page 20 of 61

21 programs at Jamestown Settlement that focus on the area s landscape and watershed, before during and after European contact, as well as on the movement of colonists and Native Americans throughout the area, including those areas covered by the Colonial Parkway and Colonial National Historic Park. This draft Project Narrative shall also identify specific projects related to development of exhibits and interpretive programs at Fort Monroe that examine the convergence of three cultures - Virginia Indians, European, and African - related to the Hampton Roads region at the time of exploration and discovery. This draft Project Narrative shall also list tasks necessary to execute each project, provide a timeline for accomplishment of each project and describe how each project enhances the historic value of the resource. All parties will be given thirty (30) days to review and provide comment. 8 Before beginning Limited Construction within the James River Dominion must receive approval of the list of projects described in III.b.7 above. The project list will be considered approved once the SHPO has confirmed that the projects will enhance and preserve the historic landscape within APE and the Corps has provided written approval. 9 Dominion may not proceed further than Limited Construction within the James River until the Corps has approved the final Project Narrative for projects as identified in Stipulation III.b.6 above. To facilitate this approval, Dominion shall consider all comments and submit to the Signatories of this MOA a final Project Narrative describing projects as identified in Stipulation III.b.6 above. This final Project Narrative shall include confirmation that Dominion and/or all appropriate parties have all access and permissions necessary to complete all identified mitigation work. This final Project Narrative will be considered approved once the SHPO has confirmed that the projects will support, preserve and/or enhance the historic character or viewshed of Jamestown Settlement and the Corps has provided written approval. 10 Within one (1) year of initiating Limited Construction within the James River Dominion must receive approval of the final Project Narrative or must remove all structures and/or fill placed within the James River in association with the line installation as approved by this permit action and restore the area to pre-disturbed conditions. 11 No more than one (1) year following the initiation of Construction Above the James River, and annually thereafter, Dominion shall provide to the Signatories of this MOA, a report containing detailed plans for each project to be accomplished within the next year according to the timeline in the approved Project Narrative and Page 21 of 61

22 confirmation that appropriate projects have commenced or are under contract to commence. With this annual report, Dominion may also request modification to the project list or narratives to address changes in circumstances over the previous year. A requested modification will be considered approved once the SHPO has confirmed that the projects will support, preserve and/or enhance the historic character or viewshed of Jamestown Settlement and the Corps has provided written approval. c. Within the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and the thematically related areas Dominion shall complete the following projects that preserve and enhance Historic Jamestown and Jamestown Island and promote heritage tourism. Dominion will make all effort to complete Stipulations III.c.1 - III.c.5 below. Should Dominion be unable to obtain cooperation of the National Park Service (NPS) and/or Preservation Virginia (PV), Dominion shall complete Stipulations III.c.6 III.c Prior to any construction on the Project within the James River, Dominion shall: A. Submit to the Signatories of this MOA written confirmation that Dominion has requested property access and cooperation from the NPS and/or PV to identify specific landscape and viewshed enhancement, shoreline protection, and other projects that preserve and enhance Historic Jamestowne and Jamestown Island s existing setting (i.e., topography, vegetation, and other defining physical features) and feeling gained from the presence its defining physical features that help convey its historic character B. Working with the NPS and/or PV, submit to the Signatories of this MOA draft plans for: i. Rehabilitation or replacement of the seawall at Historic Jamestowne potentially including additional breakwaters, sills and revetments to provide protection from erosion and sea level rise. ii. Restoration of Back Creek at Historic Jamestowne. iii. Archaeological investigation and identification at Historic Jamestowne to support ongoing and future investigations including emergency excavation of threatened archaeological sites, excavations around Memorial Church, cooperative excavations with the National Park Service, excavation of areas east and west of the Fort site with a focus on discovering the early churches that stood on the site of the 1617 church, the site Page 22 of 61

23 of the nation s first representative government, as well as any other archaeological investigations associated with the early occupation and settlement of Jamestown Island, and other areas related to the early settlement. iv. Captain John Smith Chesapeake NHT landscape enhancement, visitor engagement, and visitor interpretation programs and projects at the National Park Service s visitor center on Jamestown Island as well as enhancement of the National Park Service s Neck-O-Land facility including the establishment of infrastructure to study and interpret climate change. C. Working with appropriate curators submit to the Signatories of this MOA a draft plan for conservation, preservation, and study of artifact collections from previously excavated archaeological sites throughout the APE which shall include Jamestown, Martin s Hundred, Carter s Grove, and Kingsmill, as well as partnership projects with a focus on understanding and interpreting the colony s first settlers and their human response to the new environment and climate. D. All parties will be given thirty (30) days to review and provide comment on the draft plans identified in Stipulation III.c.1.B and Stipulation III.c.1.C. 2 Before beginning Limited Construction within the James River Dominion must allow for the conclusion of the 30-day comment period specified in Stipulation III.c.1.D. 3 Dominion may not proceed further than Limited Construction within the James River until the Corps has approved the final Plans for all activities described in Stipulation III.c.1.B and Stipulation III.c.1.C. To facilitate this approval, Dominion shall consider all comments and submit to the Signatories of this MOA final Plans that describe specific activities to be carried out and provide a timeline for accomplishment of each. The final Plans shall include confirmation that the Dominion and/or all appropriate parties have all access and permissions necessary to complete all identified mitigation work. The final Plans will be considered approved once the SHPO has confirmed that the projects will preserve and enhance Historic Jamestowne and Jamestown Island resources and the Corps has provided written approval. 4 Within one (1) year of initiating Limited Construction within the James River Dominion must receive approval of the final Plans or must remove all structures and/or fill placed within the James River in Page 23 of 61

24 association with the line installation as approved by this permit action and restore the area to pre-disturbed conditions. 5 No more than one (1) year following the initiation of Construction Above the James River, and annually thereafter, Dominion shall provide to the Signatories of this MOA, a report containing detailed activities to be accomplished within the next year according to the timeline in the approved Plans and confirmation that appropriate projects have commenced or are under contract to commence. With this annual report, Dominion may also request modification to the final plans to address changes in circumstances over the previous year. A requested modification will be considered approved once the SHPO has confirmed that the projects will preserve and enhance Historic Jamestowne and Jamestown Island resources and the Corps has provided written approval. 6 In the event that the NPS and/or PV fails to provide property access or cooperation as required in Stipulation III.c.1.A to complete the work required in Stipulation III.c.1-5, Dominion shall provide to the Signatory Parties, evidence that Dominion has made good faith effort to secure property access and cooperation. Such evidence may include Dominion s written request for such property access and cooperation and the NPS s and/or PV s denial or failure to reach written agreement on property access and cooperation within 45 days of that written request. In the event that (i) NPS and/or PV and Dominion fail to reach written agreement on property access or cooperation as required in Stipulation III.c.1.A within 45 days of Dominion s written request to NPS and/or PV for property access and cooperation; (ii) the NPS and/or PV and Dominion fail to agree upon the Draft Plans required by III.c.1.B within 60 days of reaching written agreement on property access and cooperation, Dominion may request approval to pursue Alternative Measures as defined in Stipulations III.c.7 III.c Once the Corps has approved pursuit of Alternative Measures and Prior to any construction within the James River, Dominion shall: A. Submit to the Signatories of this MOA written confirmation that Dominion is working in cooperation with the Commonwealth of Virginia to identify specific landscape and viewshed enhancement, shoreline protection, and other projects that preserve and/or enhance the setting, feeling and/or overall understanding of the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and thematically related areas. B. Working with the Commonwealth of Virginia, submit to the Signatories of this MOA draft plans for: Page 24 of 61

25 i. Development of a public boat launch and kayak launch areas with associated interpretive trails and educational exhibits related to the Captain John Smith Chesapeake NHT at Fort Monroe and/or Chippokes State Park; and ii. Erosion and sea level rise protection projects at Fort Monroe and/or Chippokes State Park. iii. Archaeological excavations at Fort Algernon including artifact conservation and exhibit development; and iv. Archaeological excavations at Chippokes State Park including artifact conservation and exhibit development. C. All parties will be given thirty (30) days to review and provide comment on the draft plans identified in Stipulation III.c.7.B. 8 Before beginning Limited Construction within the James River Dominion must allow for the conclusion of the 30-day comment period specified in Stipulation III.c.7.C. 9 Dominion may not proceed further than Limited Construction within the James River until the Corps has approved the final Plans for all activities described in Stipulation III.c.7.B. To facilitate this approval, Dominion shall consider all comments and submit to the Signatories of this MOA final Plans that describe specific activities to be carried out and provide a timeline for accomplishment of each. The final Plans shall include confirmation that Dominion and/or all appropriate parties have all access and permissions necessary to complete all identified mitigation work. The final Plans will be considered approved once the SHPO has confirmed that the projects will preserve and/or enhance the setting, feeling and/or overall understanding of the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and thematically related areas and the Corps has provided written approval. 10 Within one (1) year of initiating Limited Construction within the James River Dominion must receive approval of the final Plans or must remove all structures and/or fill placed within the James River in association with the line installation as approved by this permit action and restore the area to pre-disturbed conditions. 11 No more than one (1) year following the initiation of Construction Above the James River, and annually thereafter, Dominion shall provide to the Signatories of this MOA, a report containing detailed activities to be accomplished within the next year according to the timeline in the approved Plans and confirmation that appropriate projects have commenced or are under contract to commence. With Page 25 of 61

26 this annual report, Dominion may also request modification to the final plans to address changes in circumstances over the previous year. A requested modification will be considered approved once the SHPO has confirmed that the projects will preserve and/or enhance the setting, feeling and/or overall understanding of the Jamestown Island- Hog Island-Captain John Smith Trail Historic District and thematically related areas and the Corps has provided written approval. d. Within the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and the thematically related areas Dominion shall complete the following projects related to enhancement of the visitor experience and the setting and feeling of sites along the Captain John Smith Chesapeake National Historic Trail. These measures will present the natural and cultural values on the York River in the area of Werowocomoco to provide the visitor with an undisturbed landscape and vista that evokes the setting and feeling of the rivers during the period of Captain John Smith s exploration. 1 Prior to any construction on the Project within the James River, Dominion shall: A. Submit to the Signatories of this MOA written confirmation that Dominion is working in cooperation with the Commonwealth of Virginia and the Pamunkey Indian Tribe to identify specific projects that enhance the visitor experience and the setting and feeling of sites along the Captain John Smith Chesapeake National Historic Trail. B. Working with the Commonwealth of Virginia and the Pamunkey Indian Tribe, submit to the Signatories of this MOA draft plans for: i. Land acquisition, visitor interpretation facilities, archeological investigation and preservation associated with Werowocomoco; and ii. Land acquisition and preservation of sites and expanded facilities at York River State Park which shall serve as a visitors gateway to understanding the Virginia Indian cultures at Werowocomoco. C. All parties will be given thirty (30) days to review and provide comment on the draft plans identified in Stipulation III.d.1.B. 2 Before beginning Limited Construction within the James River Dominion must allow for the conclusion of the 30-day comment period specified in Stipulation III.d.1.C. Page 26 of 61

27 3 Dominion may not proceed further than Limited Construction within the James River until the Corps has approved the final Plans for all activities described in Stipulation III.d.1.B. To facilitate this approval, Dominion shall consider all comments and submit to the Signatories of this MOA final Plans that describe specific activities to be carried out and provide a timeline for accomplishment of each. The final Plans shall include confirmation that Dominion and/or all appropriate parties have all access and permissions necessary to complete all identified mitigation work. The final Plans will be considered approved once the SHPO has confirmed that the projects will enhance the visitor experience and the setting and feeling of sites along the Captain John Smith Chesapeake National Historic Trail and the Corps has provided written approval. 4 Within one (1) year of initiating Limited Construction within the James River Dominion must receive approval of the final Plans or must remove all structures and/or fill placed within the James River in association with the line installation as approved by this permit action and restore the area to pre-disturbed conditions. 5 No more than one (1) year following the initiation of Construction Above the James River, and annually thereafter, Dominion shall provide to the Signatories of this MOA, a report containing detailed activities to be accomplished within the next year according to the timeline in the approved Plans and confirmation that appropriate projects have commenced or are under contract to commence. With this annual report, Dominion may also request modification to the final plans to address changes in circumstances over the previous year. A requested modification will be considered approved once the SHPO has confirmed that the projects will enhance the visitor experience and the setting and feeling of sites along the Captain John Smith Chesapeake National Historic Trail and the Corps has provided written approval. e. Within the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and the thematically related areas Dominion shall complete the following projects related to natural resource enhancement and cultural resource identification and interpretation at Hog Island WMA. 1 Prior to any construction on the Project within the James River, Dominion shall: A. Submit to the Signatories of this MOA written confirmation that Dominion is working in cooperation with the Virginia Department of Game and Inland Fisheries (VDGIF) and the Pamunkey Indian Tribe to identify specific projects that preserve and/or enhance the Page 27 of 61

28 setting, feeling and/or overall understanding of the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and thematically related areas. B. Working with the Commonwealth of Virginia and the Pamunkey Indian Tribe, submit to the Corps, SHPO, ACHP, and Participating Parties draft plans for: i. Enhancement of 1,100 acres of palustrine emergent marsh at Hog Island WMA; ii. Living shoreline and shoreline restoration in Surry County, with priority given to projects within the APE or projects outside the APE that would benefit natural and cultural resource enhancement within the APE; iii. Acquisition of 400 acres of upland/emergent marsh adjacent to the Chickahominy Wildlife Management Area located in, Charles City County, Virginia to improve water quality within the APE, subject to the approval by the Board of Game and Inland Fisheries; iv. History and remote viewing and interpretation facility at Hog Island WMA that recognizes Hog Island s connection and contributions to the Jamestown Island-Hog Island-John Smith Trail Historic District, and the individual significance to the Captain John Smith Chesapeake NHT; and v. Comprehensive archaeological identification survey of Hog Island WMA. C. All parties will be given thirty (30) days to review and provide comment on the draft plans identified in Stipulation III.e.1.B. 2 Before beginning Limited Construction within the James River Dominion must allow for the conclusion of the 30-day comment period specified in Stipulation III.e.1.C. 3 Dominion may not proceed further than Limited Construction within the James River until the Corps has approved the final Plans for all activities described in Stipulation III.e.1.B. To facilitate this approval, Dominion shall consider all comments and submit to the Signatories of this MOA final Plans that describe specific activities to be carried out and provide a timeline for accomplishment of each. The final Plans shall include confirmation that the Dominion and/or all appropriate parties have all access and permissions necessary to complete all identified mitigation work. The final Plans will be considered approved once the SHPO has confirmed that the projects will Page 28 of 61

29 preserve and/or enhance the setting, feeling and/or overall understanding of the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and thematically related areas and the Corps has provided written approval. 4 Within one (1) year of initiating Limited Construction within the James River Dominion must receive approval of the final Plans or must remove all structures and/or fill placed within the James River in association with the line installation as approved by this permit action and restore the area to pre-disturbed conditions. 5 No more than one (1) year following the initiation of Construction Above the James River, and annually thereafter, Dominion shall provide to the Signatories of this MOA, a report containing detailed activities to be accomplished within the next year according to the timeline in the approved Plans and confirmation that appropriate projects have commenced or are under contract to commence. With this annual report, Dominion may also request modification to the final plans to address changes in circumstances over the previous year. A requested modification will be considered approved once the SHPO has confirmed that the projects will preserve and/or enhance the setting, feeling and/or overall understanding of the Jamestown Island- Hog Island-Captain John Smith Trail Historic District and thematically related areas and the Corps has provided written approval. f. Dominion shall complete the following related to water quality improvements. Such projects will maintain and improve the setting and feeling of the river as a key component of the Jamestown Island- Hog Island-Captain John Smith Trail Historic District, as well as the other character-defining features of the historic district. 1 Dominion shall work with the Commonwealth of Virginia and the Virginia Environmental Endowment (VEE) to develop and submit to the Corps, SHPO, ACHP, and Participating Parties a draft list of criteria to guide the selection of water quality improvement projects. Efforts should focus on riparian buffer creation, replacement or enhancement and erosion and sediment control, and the projects shall provide water quality improvements benefitting the James River watershed with consideration given to projects located within the indirect APE. 2 All parties will be given thirty (30) days to review and provide comment on the draft list of criteria identified in Stipulation III.f.1. 3 No construction on the Project shall take place within the James River until the Corps has approved the final list of criteria to be used in project selection. To facilitate this approval, Dominion shall consider all comments and submit to the Signatories of this MOA a final list of Page 29 of 61

30 criteria that includes an anticipated schedule for requesting, reviewing and approving (funding) proposals. This final criteria will be considered approved once Corps has provided written approval. 4 No more than one (1) year following the initiation of Construction Above the James River, and annually thereafter, Dominion shall provide to the Signatories of this MOA, a report containing detailed activities to be accomplished within the next year according to the approved criteria and anticipated schedule for making grant awards to demonstrate annual progress on the implementation of the water quality improvement mitigation. With this annual report, Dominion may also request modification to the approved criteria to address changes in circumstances over the previous year. A requested modification will be considered approved once the Corps has confirmed that the adjusted criteria includes water quality improvement grant criteria benefitting the James River watershed with consideration given to projects located within the indirect APE and the Corps has provided written approval. g. Within the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and the thematically related areas, Dominion shall complete the following projects related to Landscape and Battlefield Conservation. 1 Dominion shall work with the Commonwealth of Virginia and the Virginia Land Conservation Fund (VLCF) to develop and submit to the Corps, SHPO, ACHP, and Participating Parties a draft list of criteria to guide the selection of land conservation and open space easement projects that are focused on: A. The enhancement and/or preservation of the setting and feeling for the Battle of Yorktown and Fort Crafford or Development of public interpretive programs, signage, and exhibits focusing on the Peninsula Campaign including the Battle of Hampton Roads, the Battle of Yorktown, the Battle of Williamsburg, and the strategic importance of Fort Monroe in each, and development of a 3D Laser Scan of Fort Crafford and an earthwork preservation plan to include a landscape management plan. B. Landscape preservation with an emphasis on projects within the James River watershed benefitting the historic properties and district. C. Landscape scale conservation that may lead to permanently protecting lands necessary to preclude future river crossings and non-compatible shoreline development within the APE, to the greatest extent possible. Page 30 of 61

31 D. All parties will be given thirty (30) days to review and provide comment on the draft framework identified in Stipulation III.g.1. 2 No construction on the Project shall take place within the James River until the Corps has approved the final framework to be used in the selection of projects as identified in III.g.1. To facilitate this approval, Dominion shall consider all comments and submit to the Signatories of this MOA a final framework that includes a schedule for requesting, reviewing and approving (funding) proposals. This final framework will be considered approved once the SHPO has confirmed that the framework will promote landscape and battlefield conservation and the Corps has provided written approval. 3 No more than one (1) year following the initiation of Construction Above the James River, and annually thereafter, Dominion shall provide to the Signatories of this MOA, a report containing detailed activities to be accomplished within the next year according to the timeline in the approved framework and confirmation that appropriate projects have commenced or are under contract to commence. With this annual report, Dominion may also request modification to the final framework to address changes in circumstances over the previous year. A requested modification will be considered approved once the Corps has confirmed that the adjusted framework promotes landscape and battlefield conservation projects and the Corps has provided written approval. h. Dominion shall complete and fund the following initiatives that will preserve and enhance the Pamunkey Indian Tribe s cultural values and way of life. 1. Prior to any construction on the Project within the James River, Dominion shall submit to the Signatory Parties of this MOA, written confirmation that Dominion has made a one-time donation of $4,500, to the Pamunkey Indian Tribe for three initiatives: i. expansion and operation of the Pamunkey Cultural Center; ii. establishment of a Tribal Historic Preservation Office; and iii. expansion and operation of the Pamunkey Indian Tribe s shad hatchery facility. 2. Prior to any construction on the Project within the James River, Dominion shall provide all Signatory Parties of this MOA proof of appropriate assurance, obtained from the Tribe, acknowledging their agreement that funding will be allocated among the three initiatives at the discretion of the Tribe, with no less than $100, being given to any single initiative. Page 31 of 61

32 3. Assuming there is a willing seller, Dominion shall initiate immediate action to acquire the parcel of land containing Uttamusack (44KW0072). i. Dominion shall pay as much as 125% of the fair market value if required, to acquire the parcel. ii. Dominion shall also fund acquisition a permanent easement for an access road from the public right-of-way (Route 30) to the parcel of land containing Uttamusack (44KW0072). iii. Following acquisition of the property containing Uttamusack (44KW0072), Dominion shall donate the parcel and easement free and clear of any encumbrances to the Pamunkey Indian Tribe along with a one-time donation of $500, for the tribe s use to protect, maintain, and interpret the site. iv. Dominion shall also provide funding up to $400, for the construction of an access road up to but not crossing the railroad on the parcel of land containing Uttamusack (44KW0072). IV AVOIDANCE AND MINIMIZATION OF POTENTIAL FUTURE AND CUMULATIVE EFFECTS WITHIN THE DIRECT AND INDIRECT APE OF THE RIVER CROSSING 1 From the date construction is completed until the towers are dismantled, Dominion shall coordinate all project maintenance and repair operations that have the potential to cause or result in ground or underwater disturbance within the project s direct APE, with the SHPO and other regulatory agencies, consistent with the terms of the avoidance plan. Such coordination shall not prohibit the repair of the project required in response to emergency events; however, Dominion shall advise the SHPO and other regulatory agencies, as appropriate, of the completed emergency repair work as soon as practicable. 2 From the date construction is completed until the towers are dismantled, Dominion shall not construct or place any new or additional transmission line infrastructure, or increase the height or otherwise scale of the existing tower infrastructure within the project s defined indirect APE for the river crossing. Nothing in this commitment, however, shall preclude or otherwise prevent Dominion from adding additional lines or replacing lines to the existing tower infrastructure. 3 From the date construction is completed, Dominion shall examine the ongoing need for the river crossing at ten (10) year increments, taking into account the most current PJM Interconnection load forecast data. Page 32 of 61

33 4 If, at any time prior to the conclusion of the project s life span of fifty (50) years from energizing, Dominion determines that the river crossing is no longer needed, Dominion shall remove all river crossing and associated terrestrial based infrastructure and return the land-side area within the indirect APE of the river crossing to its pre-project condition. 5 If, at the conclusion of the project s life span of fifty (50) years from energizing, Dominion determines that the project is still needed, Dominion shall examine the viability and feasibility of a submerged river crossing. If, at that time, industry accepted technology is available and required regulatory approvals are received, Dominion will replace the overhead river crossing with a submerged crossing. V REPORTING REQUIREMENTS Upon the completion of each requirement to this MOA, Dominion shall provide the Corps, SHPO, ACHP, and the Participating Parties to this MOA with a signed memorandum documenting that Dominion has fulfilled such requirement. At the completion of all of the requirements, Dominion shall notify such parties that it has satisfied all its responsibilities under this MOA. VI PROFESSIONAL QUALIFICATIONS All archaeological and/or architectural work carried out pursuant to this MOA shall be conducted by or under the direct supervision of an individual or individuals who meet the Secretary of the Interior's Professional Qualifications Standards (48 FR , September 29, 1983) in the appropriate discipline. VII PREPARATION AND REVIEW OF DOCUMENTS 1 Except as otherwise stated elsewhere in the stipulations, Dominion shall submit a draft of all technical reports, treatment plans and other required documentation to the Corps (one (1) copy), ACHP (one (1) copy), SHPO (two (2) hard copies and one electronic copy in Adobe Portable Document Format (.pdf)) and to Participating Parties (one (1) Copy) for 30-day review and comment. Dominion shall consider all comments received within thirty (30) days of confirmed receipt in the revised technical report/documentation. Following written approval by the Corps, Dominion shall provide two (2) copies of all final reports, bound and on acid-free paper, and one electronic copy in Adobe Portable Document Format (.pdf) to the SHPO, and one (1) copy (.pdf or hardcopy) to both the Corps and ACHP, and any other Participating Party to the MOA which requests a copy. Page 33 of 61

34 2 All technical reports prepared by Dominion pursuant to this MOA will be consistent with the federal standards entitled Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines (48 FR , September 29, 1983) and the SHPO s Guidelines for Conducting Historic Resources Survey in Virginia (2011), or any subsequent revisions or replacements of these documents. 3 All architectural and landscape studies resulting from this MOA shall be consistent with pertinent standards and guidelines of the Secretary of the Interior, including as applicable the Secretary's Standards and Guidelines for Historical Documentation (48 FR ) and for Architectural and Engineering Documentation (48 FR ). 4 The Corps, SHPO, ACHP, and other Participating Parties of the MOA agree to respond and provide comments on all technical reports, treatment plans, and other documentation arising from this MOA within thirty (30) calendar days of receipt. If no comments are received within the thirty (30) day review period, Dominion may assume the nonresponding party has no comments. If the Corps is unable to respond or provide approvals as appropriate within the thirty (30) day review period, the Corps shall notify Dominion of the delay and provide an anticipated comment or approval date. VIII CURATION Within thirty (30) days of the Corps approval of the final technical report, Dominion shall deposit all archaeological materials and appropriate field and research notes, maps, drawings and photographic records collected as a result of archeological investigations arising from this MOA (with the exception of human skeletal remains and associated funerary objects) for permanent curation with the DHR, which meets the requirements in 36 CFR 79, Curation of Federally Owned and Administered Archeological Collections. Dominion shall be responsible for all DHR curation fees associated with materials recovered during the project. Dominion shall provide the Corps with a copy of the curation agreement as evidence of its compliance with this stipulation. All such items shall be made available to educational institutions and individual scholars for appropriate exhibit and/or research under the operating policies of DHR. IX POST-REVIEW DISCOVERIES 1 Dominion shall ensure that the following provision is included in all construction contracts: If previously unidentified historic properties or unanticipated adverse effects to historic properties are discovered Page 34 of 61

35 during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify Dominion Virginia Power of the discovery and implement interim measures to protect the discovery from looting and vandalism. 2 Immediately upon receipt of the notification required in Stipulation IX.1 above, Dominion shall: A. Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; B. Mark clearly the area of the discovery; C. Implement additional measures, as appropriate, to protect the discovery from looting and vandalism; D. Engage a professional archeologist to inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and E. Notify the Corps and the SHPO of the discovery describing the measures that have been implemented to comply with this stipulation. F. Notify the Pamunkey Indian Tribe of any materials resembling Native American Artifacts including burials, human skeleton remains, and funerary artifacts. 3 Upon receipt of the information required in the above stipulation, the Corps shall provide Dominion and the SHPO with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve adverse effects. In making its evaluation, the Corps, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR (c). Dominion, the SHPO and other Consulting Parties shall respond to the Corps assessment within forty-eight (48) hours of receipt. 4 The Corps will take into account the SHPO recommendations on eligibility and treatment of the discovery and will notify Dominion of any appropriate required actions. Dominion must comply with the required actions and provide the Corps and SHPO with a report on the actions when implemented. Any actions that the Corps deems appropriate for Dominion to take with regard to such discovery will automatically become additional stipulations to this MOA and thereby will be incorporated in the permit and become conditions to the permit. If Dominion fails to comply with such actions, such failure will constitute a breach of this MOA and noncompliance with the permit. Page 35 of 61

36 5 Construction may proceed in the area of the discovery when the Corps has determined that implementation of the actions undertaken to address the discovery pursuant to this stipulation are complete. X HUMAN REMAINS 1 Dominion shall make all reasonable efforts to avoid disturbing gravesites, including those containing Native American human remains and associated funerary artifacts. Dominion shall treat all human remains in a manner consistent with applicable federal and state law [and to the extent such laws do not apply, the ACHP s Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects (February 23, 2007; 2 Dominion shall ensure that human skeletal remains and associated funerary objects encountered during the course of actions taken as a result of this MOA shall be treated in accordance with the Regulations Governing Permits for the Archaeological Removal of Human Remains (Virginia Register ) found in the Code of Virginia ( , et seq., Virginia Antiquities Act). If removal is proposed, Dominion shall apply for a permit from the SHPO for the removal of human remains in accordance with the regulations stated above. 3 Dominion shall make a good faith effort to ensure that the general public is excluded from viewing any Native American burial site or associated funerary artifacts. The Consulting Parties to this MOA shall make no photographs of any Native American burial site or associated funerary artifacts. The Corps shall notify the Delaware Tribe of Indians, the Pamunkey Indian Tribe, and other appropriate federallyrecognized Tribe(s) when Native American burials, human skeletal remains, or funerary artifacts are encountered on the Project, prior to any analysis or recovery of remains or associated artifacts, and implement appropriate measures based on these consultations. Dominion shall deliver any Native American human skeletal remains and associated funerary artifacts recovered pursuant to this MOA to the appropriate tribe to be reinterred. The disposition of any other human skeletal remains and associated funerary artifacts shall be governed as specified in any permit issued by the SHPO or any order of the local court authorizing their removal. Dominion will be responsible for all reasonable costs associated with treatment of human remains and associated funerary objects. XI DISPUTE RESOLUTION 1 Should any Signatory Party to this MOA object in writing to the Corps regarding any action carried out or proposed with respect to any Page 36 of 61

37 undertakings covered by this MOA or to implementation of this MOA, the Corps shall consult with the objecting party to resolve the objection. 2 If after initiating such consultation, the Corps determines that the objection cannot be resolved through consultation, the Corps shall forward all documentation relevant to the objection to the ACHP, including the proposed response to the objection. 3 Within thirty (30) days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: A. Advise the Corps that the ACHP concurs with the Corps proposed response to the objection, whereupon the Corps will respond to the objection accordingly; or B. Provide the Corps with recommendations, which the Corps shall take into account in reaching a final decision regarding its response to the objection; or C. Notify the Corps that the objection will be referred for comment pursuant to 36 CFR 800.7(a)(4), and proceed to refer the objection and comment. The Corps shall take the resulting comment into account in accordance with 36 CFR 800.7(c)(4) and Section 110(l) of the NHPA. 4 Should the ACHP not exercise one of the above options within thirty (30) days after receipt of all pertinent documentation, the Corps may assume the ACHP s concurrence in its proposed response to the objection. 5 The Corps shall take into account any ACHP recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; the Corps responsibility to carry out all the actions under this MOA that are not the subjects of the objections shall remain unchanged. 6 At any time during implementation of the measures stipulated in this MOA, should an objection pertaining to this MOA be raised by a member of the public, the Corps shall notify the parties to this MOA and take the objection into account, consulting with the objector and, should the objector so request, with any of the parties to this MOA to resolve the objection. XII AMENDMENTS AND TERMINATION 1 Any Signatory Party to this MOA may propose to the Corps that the MOA be amended, whereupon the Corps will consult with the other parties to this MOA to consider such an amendment. All Signatory Page 37 of 61

38 Parties to the MOA must agree to the proposed amendment in accordance with 800.6(c)(7). 2 If Dominion decides it will not proceed with the undertaking, it shall so notify the Corps, SHPO, ACHP, and the Consulting Parties and this MOA shall become null and void. 3 If Dominion determines that it cannot implement the terms of this MOA, or if the Corps, ACHP, or SHPO determines that the MOA is not being properly implemented, Dominion, the Corps, ACHP, or the SHPO may propose to the other parties to this MOA that it be amended or terminated. 4 This MOA may be terminated by any Signatory Party to the MOA in accordance with the procedures described in 800.6(c)(8). Termination shall include the submission of a technical report or other documentation by Dominion on any work done up to and including the date of termination. If the Corps is unable to execute another MOA following termination, the Corps may choose to modify, suspend, or revoke the Department of the Army permit as provided by 33 CFR Consideration of amendments shall not interrupt or delay any actions taken pursuant to the existing MOA. XIII ANNUAL REPORTING AND MEETING 1 Dominion shall provide an annual status report within twelve (12) months of the execution of this MOA, and every twelve (12) months thereafter, the Corps, SHPO, ACHP, and Participating Parties until the Dominion s obligations under this MOA are complete. 2 Dominion shall conduct an annual meeting with the Corps, SHPO, ACHP, and Participating Parties within twelve (12) months of the execution of this Agreement and every twelve (12) months thereafter until Dominion s obligations under this Agreement are complete. The purpose of the annual meeting is to review implementation and achieved outcomes of the terms of this MOA and to determine whether amendments are needed. XIV COORDINATION WITH OTHER FEDERAL REVIEWS In the event that Dominion or other agency applies for additional federal funding or approvals for the Project and the undertaking remains unchanged, such funding or approving agency may comply with Section 106 by agreeing in writing to the terms of this MOA and notifying and consulting with SHPO and ACHP. Any necessary Page 38 of 61

39 modifications will be considered in accordance with Stipulation X, Amendments and Termination. XV DURATION OF MOA This MOA will continue in full force and effect until fifty (50) years after the effective date of the MOA. Dominion shall fulfill the requirements of this MOA prior to and in conjunction with the work authorized by the Corps permit. All obligations under this MOA must be complete before expiration of this MOA. If any obligation is not complete, the party responsible for such obligation is in violation of this MOA; such violation may also constitute a violation of the Corps permit. Failure of the Corps to pursue such violation is NOT a waiver. At any time in the six-month period prior to such date, the Corps may request the Signatory Parties to consider an extension or modification of this MOA. No extension or modification will be effective unless all parties to the MOA have agreed with it in writing. XVI ANTI-DEFICIENCY ACT The Corps obligations under this MOA are subject to the availability of appropriated funds, and the stipulations of this MOA are subject to the provisions of the Anti-Deficiency Act. The Corps shall make reasonable and good faith efforts to secure the necessary funds to implement this MOA in its entirety. If compliance with the Anti- Deficiency Act alters or impairs the Corps ability to implement the stipulations of this MOA, the Corps shall consult in accordance with the amendment and termination procedures found at Stipulation XII of this MOA. XVII DEFINITIONS a. The term Concurring Parties means each Consulting Party signing the Memorandum of Agreement. b. The term Consulting Parties means the following organizations: The National Parks and Conservation Association; The Save the James Alliance; The Chesapeake Conservancy; United States Department of Interior (National Park Service, Colonial National Historic Park); United States Department of Interior (National Park Service, Northeast Region); James City County; The Colonial Williamsburg Foundation; Preservation Virginia; Scenic Virginia; The National Trust for Historic Preservation; Christian & Barton, LLP (on behalf of BASF Corp); James River Association; United States Department of Interior (National Park Service, American Battlefield Protection Program); First California Company Jamestowne Society; Delaware Tribe of Indians; Chickahominy Tribe; Page 39 of 61

40 Council of Virginia Archaeologists; Margaret Nelson Fowler; and the Pamunkey Indian Tribe. c. The term enhancement shall mean an increase or improvement in quality, value, or extent. d. The term Invited Signatory Party shall mean Dominion. e. The term Participating Party shall mean Concurring Parties and each Consulting Party, whether or not such party executes the MOA as a Concurring Party, that requests to remain involved, by providing input to the Corps at the times identified herein and at such times as the Corps in its discretion requests Participating Party input, with implementation of this MOA. f. The term Signatory Parties shall mean the Corps, SHPO, and ACHP. g. The phrase Limited Construction Within the James River shall only mean construction activities within the James River associated with tower foundations and fender protection systems, This term does not include the construction of any steel lattice transmission towers atop the foundations. h. The phrase Construction Above the James River shall mean any remaining construction activities atop the foundations within the James River described above in Stipulation XVII.g. i. The term Project Narrative shall mean a document that identifies specific projects, lists tasks necessary to execute each project, provides a timeline for accomplishment of each project and describes how each project enhances the historic value of the resource. A Project Narrative is not a detailed engineering plan and need not include drawings or other technical information. XVIII ENFORCEMENT AND CONTRACT RIGHTS The terms of this MOA may only be enforced by the Corps, ACHP, and SHPO. The Concurring Parties, Participating Parties, and cooperative management entities referenced in this MOA are third-parties and are not Signatory Parties as set forth in 36 C.F.R (c)(1), and are not an Invited Signatory Party under 36 C.F.R (c)(2), and instead are parties whose input has been invited as part of the administration of this MOA, as well as invited to concur in the MOA. These third parties have not been provided, and do not have, any rights hereunder, including the right to enforce the agreement. Signatory and Invited Signatory Parties otherwise have the rights afforded to them under 36 C.F.R. part 800. Page 40 of 61

41 XIX EXECUTION OF MOA 1 This MOA may be executed in counterparts, with a separate page for each Signatory Party and shall be effective from the date of the issuance of the Department of the Army Standard permit for the Project. The Corps will ensure that each party is provided with a copy of the fully executed MOA. 2 Execution of this MOA by the Corps, the ACHP, and the SHPO, shall, pursuant to 36 CFR 800.6(c), be considered to be an agreement pursuant to the regulations issued by the ACHP for the purposes of Section 110(l) of the NHPA. Execution and submission of this MOA, and implementation of its terms, evidence that the Corps has afforded the ACHP an opportunity to comment on the proposed undertaking and its effect on historic properties, and that the Corps has taken into account the effect of the undertaking on historic properties. Page 41 of 61

42 INVITED SIGNATORY PARTIES: DOMINION By: Date: Robert M. Blue President, Dominion Virginia Power SIGNATORY PARTIES: NORFOLK DISTRICT, U. S. ARMY CORPS OF ENGINEERS By: William T. Walker Chief, Regulatory Branch Date: VIRGINIA STATE HISTORIC PRESERVATION OFFICER By: Date: Julie V. Langan Director, Virginia Department of Historic Resources ADVISORY COUNCIL ON HISTORIC PRESERVATION By: Date: John M. Fowler Executive Director, Advisory Council on Historic Preservation Page 42 of 61

43 CONCURRING PARTY: NATIONAL PARKS CONSERVATION ASSOCIATION By: Date: Page 43 of 61

44 CONCURRING PARTY: SAVE THE JAMES ALLIANCE By: Date: Page 44 of 61

45 CONCURRING PARTY: CHESAPEAKE CONSERVANCY By: Date: Page 45 of 61

46 CONCURRING PARTY: UNITED STATES DEPARTMENT OF INTERIOR (NATIONAL PARK SERVICE, COLONIAL NATIONAL HISTORIC PARK) By: Date: Page 46 of 61

47 CONCURRING PARTY: UNITED STATES DEPARTMENT OF INTERIOR (NATIONAL PARK SERVICE, NORTHEAST REGION) By: Date: Page 47 of 61

48 CONCURRING PARTY: JAMES CITY COUNTY By: Date: Page 48 of 61

49 CONCURRING PARTY: THE COLONIAL WILLIAMSBURG FOUNDATION By: Date: Page 49 of 61

50 CONCURRING PARTY: PRESERVATION VIRGINIA By: Date: Page 50 of 61

51 CONCURRING PARTY: SCENIC VIRGINIA By: Date: Page 51 of 61

52 CONCURRING PARTY: NATIONAL TRUST FOR HISTORIC PRESERVATION By: Date: Page 52 of 61

53 CONCURRING PARTY: CHRISTIAN & BARTON, LLP (ON BEHALF OF BASF CORP) By: Date: Page 53 of 61

54 CONCURRING PARTY: JAMES RIVER ASSOCIATION By: Date: Page 54 of 61

55 CONCURRING PARTY: UNITED STATES DEPARTMENT OF INTERIOR (NATIONAL PARK SERVICE, AMERICAN BATTLEFIELD PROTECTION PROGRAM) By: Date: Page 55 of 61

56 CONCURRING PARTY: FIRST CALIFORNIA COMPANY JAMESTOWNE SOCIETY By: Date: Page 56 of 61

57 CONCURRING PARTY: DELAWARE TRIBE OF INDIANS By: Date: Page 57 of 61

58 CONCURRING PARTY: CHICKAHOMINY TRIBE By: Date: Page 58 of 61

59 CONCURRING PARTY: COUNCIL OF VIRGINIA ARCHAEOLOGISTS By: Date: Page 59 of 61

60 CONCURRING PARTY: MARGARET NELSON FOWLER By: Date: Page 60 of 61

61 CONCURRING PARTY: PAMUNKEY INDIAN TRIBE By: Date: Page 61 of 61

62 ATTACHMENT A: DIRECT AND INDIRECT PROJECT APE MAPS

63 ( Title Direct APE MapArchaeological Resources Client/Project Dominion Virginia Power Surry-Skiffes Creek-Whealton Proposed 500/230 kv Line Project Location James City County, Surry County, York County, City of Newport News, and City of Hampton, Virginia ,000 20,000 Feet 1:60,000 (At original document size of 22x34) Archaeological Resources Resource to be Managed as Unevaluated for Listing on NRHP Resource Potentially Eligible for Listing on NRHP Resource Eligible for Listing on NRHP Underwater Buffer of Anomalies to be Managed as Unevaluated for Listing on NRHP Eligible Historic District Structure Activity S " S " Proposed New Structure Reconductoring Existing Structure Remove and Replace Existing Structure US Army Corps of Engineers Norfolk District Regulatory Office Received by: RLS Date: June 28, Notes 1. Coordinate System: NAD 1983 StatePlane Virginia South FIPS 4502 Feet 2. Tower Locations and Project Limits provided by Dominion Virginia Power 3. Orthoimagery Bing Maps 4. Only historic properties under the authority of Section 106 are shown. National Register of Historic Places eligibility status provided by the Corps with DHR concurrence on May 1, 2015 and the Keeper of the National Register on August 14, Microsoft product screen shot(s) reprinted with permission from Microsoft Corporation Revised: By: MGSANDERSON Prepared by MGS on Technical Review by CPG on Independent Review by CFC on Sheet Index S " U:\ \08_gis\cultural\46520_direct_ape_index_final_rev mxd Submitted: Revised: Revised: Revised: Revised: Direct APE Figure No $ $ Disclaimer: Stantec assumes no responsibility for data supplied in electronic format. The recipient accepts full responsibility for verifying the accuracy and completeness of the data. The recipient releases Stantec, its officers, employees, consultants and agents, from any and all claims arising in any way from the content or provision of the data Page 01 of 13

64 ( Figure No. 1 Title Indirect APE Map Architectural Resources Dominion Virginia Power Surry-Skiffes Creek-Whealton Proposed 500/230 kv Line Project Location James City County, Surry County, York County, City of Newport News, and City of Hampton, Virginia 0 Sheet Index Architectural Resources Resource Listed on NRHP ,000 Feet 1:60,000 (At original document size of 22x34) Indirect APE Resource Not Individually Eligible, Contributing to Scotland Wharf Historic District Resource Potentially Eligible for Listing on NRHP Resource Eligible for Listing on NRHP Eligible Historic District ,000 Battle of Green Spring Battle of Yorktown Structure Activity " S " S Proposed New Structure Reconductoring Existing Structure Remove and Replace Existing Structure US Army Corps of Engineers Norfolk District Regulatory Office Received by: RLS Date: Sept 18, Notes 1. Coordinate System: NAD 1983 StatePlane Virginia South FIPS 4502 Feet 2. Tower Locations and Project Limits provided by Dominion Virginia Power 3. Orthoimagery Bing Maps 4. Only historic properties under the authority of Section 106 are shown. National Register of Historic Places eligibility status provided by the Corps with DHR concurrence on May 1, 2015 and May 11, 2015 and the Keeper of the National Register on August 14, Microsoft product screen shot(s) reprinted with permission from Microsoft Corporation Revised: By: MGSANDERSON Prepared by MGS on Technical Review by CPG on Independent Review by CFC on Direct APE " S U:\ \08_gis\cultural\46520_indirect_ape_index_final_rev mxd Submitted: Revised: Revised: Revised: Client/Project $ $ Disclaimer: Stantec assumes no responsibility for data supplied in electronic format. The recipient accepts full responsibility for verifying the accuracy and completeness of the data. The recipient releases Stantec, its officers, employees, consultants and agents, from any and all claims arising in any way from the content or provision of the data Page 01 of 13

65 ATTACHMENT B: LIST OF DOCUMENTS SUBMITTED BY DOMINION IN SUPPORT OF CONSULTATION 1) Phase II Evaluation Site 44JC0662 for the Dominion Virginia Power Skiffes Switching Station, James City County, Virginia (CRI, May 2012). 2) Phase I Cultural Resources Survey of the Proposed Approximately 20.2-mile Dominion Virginia Power Skiffes Creek to Whealton 230kV Transmission Line in James City and York Counties, and the Cities of Newport News and Hampton, Virginia, Volumes I and II (CRI, July 2012). 3) Phase I Cultural Resources Survey of the Proposed Dominion Virginia Power Skiffes Creek to Surry 500 kv Transmission Line Alternatives in James City and Surry Counties, Virginia, Volumes I and II, (Stantec, July 2013, Revised April 2014). 4) Memoranda Titled: Phase IA Walkover and Phase I Archaeological Survey - BASF Corridor Realignment Surry to Skiffes Creek 500 kv Transmission Line Project (Stantec, July 2014). 5) Addendum to the Phase I Cultural Resources Survey of the Proposed Dominion Virginia Power Skiffes Creek to Surry 500 kv Transmission Line in James City, Isle of Wight and Surry Counties, Virginia (Stantec, October 2014). (Additional information regarding three properties {i.e ; Artillery Site at Trebell s Landing, ; Hog Island, and ; Battle of Williamsburg} per VDHR s request was provided in Stantec s letter dated February 2, 2015.) 6) Addendum to A Phase I Cultural Resources Survey to the Proposed Approximately 20.2-mile Dominion Virginia Power Skiffes Creek to Whealton 230 kv Transmission Line in James City and York Counties, and the Cities of Newport News and Hampton, Virginia, Volumes I: Technical Report (Stantec, July 2015). 7) Visual Effects Assessment for the Proposed Dominion Virginia Power Surry to Skiffes Creek 500kV Transmission Line Project and Skiffes Creek kv Switching Station James City, Isle of Wight, and Surry Counties (Stantec, March 2014). 8) Addendum to the Visual Effects Assessment for the Proposed Dominion Virginia Power Surry to Skiffes Creek 500 kv Transmission Line Project James City, Isle of Wight, and Surry Counties (Stantec, October 2014).

66 9) Addendum to the Visual Effects Assessment for the Proposed Dominion Virginia Power Surry to Skiffes Creek 500 kv Transmission Line Green Spring Battlefield (Stantec, November 2014). 10) Interactive Simulations Surry-Skiffes Creek 500 kv Transmission Line James River Crossing (Dominion/TRUESCAPE, March 2015). 11) Cultural Resource Affects Assessment, Surry-Skiffes Creek-Whealton Transmission Line Project, Surry, James City, and York Counties, Cities of Newport News and Hampton, Virginia (Stantec, September 2015). 12) Photo Simulation Overview Surry-Skiffes Creek-Whealton Transmission Line Project, Surry, James City and York Counties, Cities of Newport News and Hampton, Virginia. (Dominion/TRUESCAPE, Revised August 2016).

67 ATTACHMENT C: LIST OF EFFECTED HISTORIC PROPERTIES UNDER CONSIDERATION

68 DHR ID# Resource Name/Address VLR/NRHP Status Distance Bourne-Turner House at Smith's Beach Potentially Eligible Criterion C COE Effect Determination 8.75 No Adverse Effect Fort Huger NRHP-Listed Criterion D 3.21 No Adverse Effect Bay Cliff Manor on Burwell's Bay/James C. Sprigg, Jr. House Basses Choice (Days Point Archeological District, Route 673) Fort Boykin Archaeological Site/Herbert T. Greer House and Gardens, Barlow-Nelson House, 5374 Old Stage Highway Bay View School, 6114 Old Stage Hwy USS Sturgis (MH - 1A Sturgis, Nuclear Barge, James River Reserve Fleet) Potentially Eligible Under Criterion C NRHP-Listed; Archaeological Sites 44IW IW0237 Criterion D 7.11 No Adverse Effect 9.85 No Adverse Effect NRHP-Listed Criterion D 8.84 No Adverse Effect Potentially Eligible Under Criterion C Potentially Eligible Under Criteria A and C Carter s Grove NHL; NRHP-Listed Criterion C 6.33 No Adverse Effect 6.84 No Adverse Effect Eligible 1.92 No Adverse Effect Proposed Mitigation and Project Oversight 0.43 Adverse Effect 1) Landscape enhancement and protection of 6,000 linear feet of shorline at Carters Grove. [Stipulation III.a.1.A]. Administered through The Conservation Fund. An alternative mitigation project is identifying specific landscape and viewshed enhancement, shoreline protection, and other projects that enhance the affected setting and feeling of Chippokes Plantation State Park. 2) The development of interpretive signs to inform visitors about the historic significance and character of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other thematically related locations in and outside the APE. [Stipulation I.c]. 3) The creation of a HALS photo document of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other adversely affected historic properties. [Stipulation I.d]. 4) Examination of all available and feasible tower coating and finishing materials and methods that will further minimize and/or maintain the visual intensity of the

69 DHR ID# Resource Name/Address VLR/NRHP Status Distance COE Effect Determination Proposed Mitigation and Project Oversight transmission line infrastructure crossing the river, above and beyond the visibility reduction achieved by standard weathered galvanized steel coatings, that meet and comply with all applicable state and federal law. [Stipulation I.e] Colonial National Historic Park; Colonial Parkway Historic District NRHP-Listed Criteria A and C 3.16 Adverse Effect 1) Landscape enhancement and shoreline protection to preserve the setting and feeling of the Colonial Parkway unit at the Colonial National Historical Park consistent with the National Park Service's Cultural Landscape Inventory (2008) [Stipulation III.b.1.A ]. Administered by the Conservation Fund. 2) Visitor interpretation and visitor engagement opportunities at Colonial National Historical Park [Stipulation III.c.1.A.]. Administered through The Conservation Fund. 3) An alternative mitigation project is identifying specific landscape and viewshed enhancement, shoreline protection, and other projects that enhance the affected setting, feeling and overall understanding of the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and thematically related areas including Jamestown Settlement and Fort Monroe in Stipulation III.b ) The development of interpretive signs to inform visitors about the historic significance and character of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other thematically related locations in and outside the APE. [Stipulation I.c]. 5) The creation of a HALS photo document of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other adversely affected historic properties. [Stipulation I.d] Jamestown National Historic Site / Jamestown Island / Jamestown Island Historic District NRHP-Listed Criteria A and D 6) Examination of all available and feasible tower coating and finishing materials and methods that will further minimize and/or maintain the visual intensity of the transmission line infrastructure crossing the river, above and beyond the visibility reduction achieved by standard weathered galvanized steel coatings, that meet and comply with all applicable state and federal law. [Stipulation I.e] Adverse Effect 1) Seawall rehabilitation or replacement at Historic Jamestown to provide protections from erosion and sea level rise and to execute a project that provides further protections through a series of breakwaters, sills and revetments greater than those provided in the 2004 and restoration of Back Creek at Historic Jamestown [Stipulation III.c.1.B.i]. Administered through The Conservation Fund. 2) Archaeological investigation and identification at Historic Jamestown to support ongoing investigations including excavations around Memorial Church with a focus on discovering the early churches that stood on the site of the 1617 church, the site of the nation's first representative government [Stipulation III.c.1.B.iii]. Administered through The Conservation Fundh3) Visitor interpretation and visitor engagement opportunities at Historic Jamestown [Stipulation III.c.1.B.iv]. Administered through the Conservation Fund. 4) An alternative mitigation fallback project to Stipulations III.c.1.B.i, to.iv is identifying specific landscape and viewshed enhancement, shoreline protection, and 2

70 DHR ID# Resource Name/Address VLR/NRHP Status Distance COE Effect Determination Proposed Mitigation and Project Oversight other projects that enhance the affected setting, feeling and overall understanding of the Jamestown Island-Hog Island-Captain John Smith Trail Historic District and thematically related areas. 5) Conservation, preservation, and study of collections from previously excavated archaeological sites throughout the APE, including, but not limited to, at Martin s Hundred, Carter s Grove, and Kingsmill, as well as newly located archaeological sites as a result of this project [Stipulation III.c.1.C]. 6) The enhancement and preservation of Werowocomoco with associated supporting facilities at York River State Park will allow visitors there to see the landscape as it existed in pre-colonial days [Stipulation III.d.1.B.]. 7) The development of interpretive signs to inform visitors about the historic significance and character of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other thematically related locations in and outside the APE. [Stipulation I.c]. 8) The creation of a HALS photo document of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other adversely affected historic properties. [Stipulation I.d] Kingsmill Plantation NRHP-Listed Criteria A and D Amblers (Amblers-onthe-James) Governor's Land Archaeological District Artillery Landing Site at Trebell's Landing Martin's Hundred Graveyard (Cemetery) Eligible (Recently NRHP- Listed) Criterion C NRHP-Listed Criteria A and D Potentially Eligible Criterion D H Camp, 4H Club Road Potentially Eligible Criteria A and C Pleasant Point (Crouches Creek Plantation) 3.16 No Adverse Effect 6.64 No Adverse Effect 5.7 No Adverse Effect 0.52 No Adverse Effect Eligible Criteria A and D 0 No Adverse Effect NRHP-Listed Criteria A and C 9.2 No Adverse Effect 4.32 No Adverse Effect 9) Examination of all available and feasible tower coating and finishing materials and methods that will further minimize and/or maintain the visual intensity of the transmission line infrastructure crossing the river, above and beyond the visibility reduction achieved by standard weathered galvanized steel coatings, that meet and comply with all applicable state and federal law. [Stipulation I.e]. 3

71 DHR ID# Resource Name/Address VLR/NRHP Status Distance New Chippokes (Jones- Stewart Mansion) / Chippokes Plantation Historic District (Chippokes State Park) Hog Island Wildlife Management Area NRHP-Listed; associated with Chippokes Plantation Historic District Criterion C NRHP-Listed Criteria A, C, and D Potentially Eligible Criteria A and D for purposes of 106 review COE Effect Determination 2.07 No Adverse Effect 1.26 No Adverse Effect Proposed Mitigation and Project Oversight 0 Adverse Effect 1) Enhancement of 1,100 acres of palustrine emergent marsh at Hog Island [Stipulation III.e.1.B.i]. Administered through DGIF. 2) Living shoreline and shoreline restoration in Surry County [Stipulation III.e.1.B.ii]. Administered through DGIF. 3) History and remote viewing and interpretation facility at Hog Island that recognizes Hog Island's connection and contributions to the Jamestown Island-Hog Island-John Smith Trail Historic District, and the individual significance to the Captain John Smith NHT [Stipulation III.e.1.B.iv]. Administered through DGIF. 4) Comprehensive archaeological identification survey of Hog Island [Stipulation III.e.1.B.v]. Administered through DGIF. 5) The development of interpretive signs to inform visitors about the historic significance and character of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other thematically related locations in and outside the APE. [Stipulation I.c]. 6) The creation of a HALS photo document of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other adversely affected historic properties. [Stipulation I.d] Scotland Wharf Historic District House, Rolfe Hwy (Rt 31) House, Rolfe Hwy (Rt 31) Potentially Eligible Criteria A and C Not Individually Eligible; Contributing to Scotland Wharf Historic District Not Individually Eligible; Contributing to Scotland Wharf Historic District House, Rolfe Hwy Not Individually Eligible; Contributing to Scotland 5.03 No Adverse Effect 5.16 No Adverse Effect 5.16 No Adverse Effect 5.16 No Adverse Effect 7) Examination of all available and feasible tower coating and finishing materials and methods that will further minimize and/or maintain the visual intensity of the transmission line infrastructure crossing the river, above and beyond the visibility reduction achieved by standard weathered galvanized steel coatings, that meet and comply with all applicable state and federal law. [Stipulation I.e]. 4

72 DHR ID# Resource Name/Address VLR/NRHP Status Distance (Rt 31) House, Rolfe Hwy (Rt 31) House, Rolfe Hwy (Rt 31) Yorktown and Yorktown Battlefield (Colonial National Monument/Historic al Park) Battle-of Yorktown (Civil War) Wharf Historic District Not Individually Eligible; Contributing to Scotland Wharf Historic District Not Individually Eligible; Contributing to Scotland Wharf Historic District Listed (as part of Colonial National Historical Park) Criteria A, C, and D COE Effect Determination 5.14 No Adverse Effect 5.12 No Adverse Effect 1.37 No Adverse Effect Proposed Mitigation and Project Oversight Eligible Criteria A and D 0 Adverse Effect 1) Battlefield land conservation on local government or private lands associated with the Battle of Yorktown and Fort Crafford [Stipulations III.g.1.A, III.g.1.B and III.g.1.C.]. Administered through the Virginia Land Conservation Foundation Matthew Jones House Listed Criterion C 1.93 No Adverse Effect Crafford House Site/ Earthworks (Fort Eustis) Listed (as part of ) Criteria A and D 3.38 No Adverse Effect 2) Development of public interpretive programs, signage, and exhibits focusing on the Peninsula Campaign including the Battle of Hampton Roads, the Battle of Yorktown, the Battle of Williamsburg, and the strategic importance of Fort Monroe in each. [Stipulation III.g.1.A]. 3) The development of interpretive signs to inform visitors about the historic significance and character of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other thematically related locations in and outside the APE. [Stipulation I.c]. 4) The creation of a HALS photo document of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other adversely affected historic properties. [Stipulation I.d]. 5) Examination of all available and feasible tower coating and finishing materials and methods that will further minimize and/or maintain the visual intensity of the transmission line infrastructure crossing the river, above and beyond the visibility reduction achieved by standard weathered galvanized steel coatings, that meet and comply with all applicable state and federal law. [Stipulation I.e] Fort Crafford Listed Criteria A and D 3.28 Adverse Effect 1) Battlefield land conservation on local government or private lands associated with the Battle of Yorktown and Fort Crafford [Stipulation III.g.1.A, III.g.1.B and III.g.1.C]. Administered through the Virginia Land Conservation Foundation. 2) The development of a 3D Laser Scan of Fort Crafford and an earthwork preservation 5

73 DHR ID# Resource Name/Address VLR/NRHP Status Distance COE Effect Determination Proposed Mitigation and Project Oversight plan to include a landscape management plan 3) The development of interpretive signs to inform visitors about the historic significance and character of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other thematically related locations in and outside the APE. [Stipulation I.c]. 4) The creation of a HALS photo document of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other adversely affected historic properties. [Stipulation I.d] S.S. John W. Brown Listed Criterion A 2.18 No Adverse Effect Village of Lee Hall Historic District Ghost Fleet (James River Reserve Fleet/ Maritime Admin. Non- Retention Ships) Eligible Criteria A and C (Public Notice notes that Lee Hall NRHP- Listed Criterion C) 0.25 No Adverse Effect Eligible Criterion A 1.64 No Adverse Effect N/A Battle of Green Springs Eligible Criterion A 5.7 No Adverse Effect N/A Historic District (formally Jamestown Island-Hog Island Cultural Landscape) including CAJO Eligible Criteria A, B, C, and D 5) Examination of all available and feasible tower coating and finishing materials and methods that will further minimize and/or maintain the visual intensity of the transmission line infrastructure crossing the river, above and beyond the visibility reduction achieved by standard weathered galvanized steel coatings, that meet and comply with all applicable state and federal law. [Stipulation I.e]. 0 Adverse Effect 1) Captain John Smith Chesapeake NHT enhanced experiences, land acquisition, visitor interpretation and facilities, archeological investigation and preservation of Werowocomoco, Gloucester County, Virginia (principal residence of Powhatan, paramount chief of Indian Tribes in Virginia's coastal region at the time English colonists arrived in 1607, and located along the Captain John Smith Chesapeake National Historic Trail on the York River); and natural and cultural values on the James River and the north and south sides of the York River in the area of Werowocomoco that will preserve and provide the visitor with an undisturbed landscape and vista that evokes the setting and feeling of the river during the period of Captain John Smith's exploration [Stipulation III.d.1.B]. Administered through The Conservation Fund. 2) Historic resource identification and documentation for the Jamestown Island-Hog Island-Captain John Smith Trail Historic District, including the contributing section of the Captain John Smith Chesapeake National Historic Trail within the APE including Historic American Landscape documentation of the Jamestown Island-Hog Island- Captain John Smith Trail Historic District Cultural Landscape in accordance with NPS Heritage Documentation Program Standards and Guidelines [Stipulation III.c.1.B.iii]. Administered through The Conservation Fund. 6

74 DHR ID# Resource Name/Address VLR/NRHP Status Distance COE Effect Determination Proposed Mitigation and Project Oversight 3) Captain John Smith NHT visitor engagement and visitor interpretation programs and projects at the National Park Service's visitor center on Jamestown Island [Stipulation III.c.1.B.iv ]. Administered through the Conservation Fund. 4) Acquisition of 400 acres of upland/emergent marsh adjacent to the Chickahominy Wildlife Management Area, Charles City County, Virginia to improve water quality within the APE, subject to the approval of the Board of Game and Inland Fisheries [Stipulation III.e.iii]. Administered through DGIF. 5) Riparian buffer creation and replacement projects and erosion and sediment control projects within the James River watershed [Stipulation III.f.1]. Administered by Virginia Environmental Endowment. 6) Landscape preservation to include land and easement acquisition with an emphasis on projects within the Indirect APA [StipulationIII.f.1]. 7) The development of interpretive signs to inform visitors about the historic significance and character of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other thematically related locations in and outside the APE. [Stipulation I.c]. 8) The creation of a HALS photo document of Jamestown Island-Hog Island-Captain John Smith Trail Historic District and other adversely affected historic properties. [Stipulation I.d]. 9) Examination of all available and feasible tower coating and finishing materials and methods that will further minimize and/or maintain the visual intensity of the transmission line infrastructure crossing the river, above and beyond the visibility reduction achieved by standard weathered galvanized steel coatings, that meet and comply with all applicable state and federal law. [Stipulation I.e]. 44JC th Century Cemetery Martin's Hundred Eligible Criteria A and D 0 No Adverse Effect 44JC0649 Indet. Historic manage as unevaluated 0 No Adverse Effect 44JC0650 Indet. 18th Cent manage as unevaluated 0 No Adverse Effect 44JC JC th to 19th Cent Dwelling Prehistoric Camp, 18th to 19th Century Dwelling Eligible Criterion D 0 Adverse Effect Archaeological Data Recovery [Stipulation I.a]. Administered through Dominion. Manage as Unevaluated 0 No Adverse Effect 44JC th Century Farmstead Manage as Unevaluated 0 No Adverse Effect 44NN0060 Indeter. Woodland Potentially Eligible Criterion D 0 No Adverse Effect 7

75 DHR ID# Resource Name/Address VLR/NRHP Status Distance 44YO0092 Civil War Earthworks Potentially Eligible Criterion D COE Effect Determination 0 No Adverse Effect 44YO0180 Prehistoric Camp Manage as Unevaluated 0 No Adverse Effect 44YO0181 Indet. Late Archaic Manage as Unevaluated 0 No Adverse Effect 44YO th Century Domestic Manage as Unevaluated 0 No Adverse Effect 44YO0184 Indet. 19th to 20th Century 44YO0233 Civil War Military base Potentially Eligible Criterion D 44YO0237 Archaic & Woodland Camp Manage as Unevaluated 0 No Adverse Effect 0 No Adverse Effect Manage as Unevaluated 0 No Adverse Effect 44YO0240 Historic Bridge & Road Manage as Unevaluated 0 No Adverse Effect 44YO YO1059 Mid 18th to 19th Century Military Camp Prehistoric Camp, Early to Mid-18th Century Dwelling Potentially Eligible Criterion D Potentially Eligible Criterion D 0 No Adverse Effect 0 No Adverse Effect 44YO1129 Historic Dwelling Manage as Unevaluated 0 No Adverse Effect 44YO th Century Dwelling Manage as Unevaluated 0 No Adverse Effect N/A 76 submerged anomalies, managed in 23 buffer areas Potentially Eligible Criteria A and D 0 No Adverse Effect Proposed Mitigation and Project Oversight EMF_US v3 8

76 ATTACHMENT D: KEEPER S DOE LETTER AND MAP

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85 ATTACHMENT E: CORPS SECTION 106 CONSULTATION AND PUBLIC INVOLVEMENT PLAN

86 Introduction Section 106 Consultation and Public Involvement Plan Dominion Virginia Power s Surry - Skiffes Creek - Whealton Project NAO / 13-V0408 Dominion proposes to construct a new high voltage aerial electrical transmission line, known as the Surry-Skiffes Creek -Whealton project. The proposed project consists of three components; (1) Surry Skiffes Creek 500 kilovolt (kv) aerial transmission line, (2) Skiffes Creek 500 kv 230 kv 115 kv Switching Station, and (3) Skiffes Creek Whealton 230 kv aerial transmission line. In total, the proposed project will permanently impact 2,712 square feet (0.06 acres) of subaqueous river bottom and 281 square feet (0.01 acres) of non-tidal wetlands, and convert 0.56 acres of palustrine forested wetlands to scrub shrub non-tidal wetlands. (See Exhibit 1) Dominion indicates the proposed project is necessary to ensure continued reliable electric services, consistent with North American Electric Reliability Corporation (NERC) Reliability Standards, are provided to its customers in the North Hampton Road Load Area. The NHRLA consist of over 285,000 customers, including Newport News Shipbuilding, Joint Base Langley-Eustis, Yorktown Naval Weapons Station, NASA, Cannon, and Thomas Jefferson National Accelerator Facility. A permit is required from the Norfolk District Corps of Engineers under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, and constitutes a Federal undertaking, subject to Section 106 of the National Historic Preservation Act (NHPA). Section 106 of the NHPA requires Federal agencies to take into account the effects of their actions, including permitted actions, on historic properties. In accordance with Section 106 of the National Historic Preservation Act (36 Code of Federal Regulations [CFR] 800.2), USACE will provide opportunities for consulting parties and the general public to provide comments concerning project effects on properties and districts listed or eligible for listing in the National Register of Historic Places (NRHP). Key elements of the Section 106 process include USACE s plan to integrate Section 106 with other environmental reviews, in accordance with 36 CFR 800.3(b), and the plan for conducting consultation and public involvement per the requirements of 36 CFR (e) and (f). This document provides further detail about how USACE will integrate reviews and conduct consultation and public involvement. Approach In accordance with the requirements of National Environmental Policy Act (NEPA) and Section 106, USACE solicited public comments on the undertaking via public notice on August 28, These comments helped facilitate the initial steps of Section 106 Updated as of March 23,

87 review process and will be considered when preparing an Environmental Assessment (EA) for NEPA compliance. The public notice also provided interested members of the public with an opportunity to comment on the identification of historic properties and potential effects. The Corps intends to use the studies and information generated during the Virginia State Corporation Commission s review of Dominion s proposed project to inform, not to replace, the Section 106 consultation process. USACE will continue to coordinate with agencies and organizations that have demonstrated an interest in cultural resource impacts resulting from the undertaking. USACE will continue to provide the public with information about the undertaking and its effects on historic properties, and seek their comment and input at various steps of the process. Members of the public may provide views on their own initiative for USACE officials to consider during the decision-making process. Public Involvement Opportunities for public comment regarding historic resource identification and potential effects have previously been provided through USACE s August 28, 2013, November 13, 2014, and May 21, 2015 public notices. Requests for a public hearing due to concerns regarding historic resources, in addition to other issues, were acknowledged by USACE. After careful consideration, USACE conducted a hearing on October 30, During the 106 process, general information has been, and continues to be, available for review at Our website also contains links to the applicant s and consulting party websites, which contain additional project information and perspectives on the project. Consulting Parties As a result of the August 2013 Public Notice and the State Corporation Commission review process, USACE, in coordination with the SHPO, identified organizations that have a demonstrated interest in the treatment of historic properties associated with this undertaking. In addition to those requests received in response to the public notice, Kings Mill Community Services Association and Southern Environmental Law Center were also invited to participate as consulting parties in a letter dated March 5, On June 20, 2014, USACE notified local governments within the limits of the project (Surry County, City of Williamsburg, York County, City of Newport News, and City of Hampton) by mail, inviting their participation as consulting parties. To date, these parties have not responded positively to their participation invitation. A separate invite included First California Company Jamestowne Society who has accepted the invite to participate. On November 25, 2014, written correspondence was received from the new steward of Carter Grove Plantation indicating an inability to participate at this time. Any organization invited to be a consulting party may elect to participate in current and future steps of the process (but not previous steps) at any time. At the initial stages of the project, when consulting parties were invited (summer, 2014), the Commonwealth of Virginia had no federally recognized tribes within its state Updated as of March 23,

88 boundaries. However, based on coordination through other projects, the Delaware Tribe of Indians, the Delaware Nation, and the Catawba Indian Nation had expressed an interest in Virginia. In an effort to consider tribal interest, USACE consulted on August 25, 2014 with the aforementioned federally recognized Tribes on a government to government basis. In addition, USACE coordinated with the following state recognized tribes to determine their interest in participating as consulting parties: Cheroenhaka, Chickahominy, Eastern Chickahominy, Mattaponi, Upper Mattaponi, Nansemond, Nottoway, and Rappahannock Tribes. The Pamunkey Tribe, which became federally recognized on January 28, 2016, was consulted on August 25, 2014 when the tribe was state-recognized. Dominion s consultants developed a summary of the historic properties, with an emphasis on those with prehistoric Native American components, which was provided with the August 25, 2014 coordination letters USACE provided to the tribes. On October 5, 2016, Chief Gray with the Pamunkey Indian Tribe reached out to USACE requesting to participate. USACE immediately acknowledged and accepted the Tribes request. On March 16, 2017, written correspondence was received from Kingsmill Resort requesting participation. USACE has accepted the request and will engage the Resort in any future actions specific to the Resolution of Adverse Effects. Throughout the process, USACE has maintained a complete list of active Consulting Parties (See Attachment A). Consulting parties have been afforded an opportunity to comment on identification of historic properties, effect recommendations, proposed measures to avoid or minimize effects and suggested mitigation options for historic properties that would be adversely affected. Meetings On September 25, 2014, December 9, 2014, June 24, 2015, October 15, 2015, and February 2, 2016 USACE, SHPO, ACHP, and consulting parties have held Section 106/110 National Historic Preservation Act Meeting at Legacy Hall, 4301 New Town Avenue, Williamsburg, VA General meeting objectives: September 25 th : Status of permit evaluation Corps jurisdiction Project Overview, Purpose & Need, Alternatives, Construction Methods Historic Property Identification Efforts Potential Effects on historic properties December 9 th : General Item Updates Historic Property Identification Historic Property Eligibility Potential Effects Potential Mitigation Updated as of March 23,

89 June 24 th : General Updates Resolution of Adverse Effects Avoidance, Minimization, Mitigation Considerations/Measures Feedback/Ideas October 15 th : General Updates NPS Visual Effects Analysis Stantec Consolidated Effects Report Resolution of Adverse Effects February 2 nd : General Updates Resolution of Adverse Effects Numerous additional meetings have been held between various consulting parties at various stages in the process. Resolution of Adverse Effects MOA development process has included requests for written comments from all consulting parties on draft MOA s that were circulated December 30, 2015, June 13, 2016, and December 7, 2016, including discussions of resolution of adverse effects at several consulting party meetings. The December 7, 2016 coordination, is believed to be the final opportunity for consulting parties to inform a decision on whether Dominion s proposed mitigation plan adequately avoids, minimizes, and/or mitigates adverse effects to historic properties. A teleconference was held January 19, 2017 with Dominion, SHPO, ACHP, and Consulting Parties to discuss MOA comments and path forward. The Corps will use these coordination opportunities and the input received to inform a decision on whether to fulfill responsibilities under Section 106 of the NHPA through either an executable MOA or termination of consultation. At this time, it is anticipated that the MOA signatories (including invited signatories) would include USACE, SHPO, ACHP and Dominion. It is also expected that all other consulting parties would be afforded the opportunity to sign as concurring parties to an MOA. Milestones and Tracking A list of major milestones in the Section 106 review of the undertaking is provided as an attachment to this document (See Attachment B). The milestones table will be updated throughout the review process and distributed to the SHPO, ACHP, Consulting Parties, and Dominion as deemed necessary by USACE. Updated as of March 23,

90 USACE s Section 106 consultants will receive, track, and organize the responses received in conjunction to various steps throughout the process. Exhibit 1: Project Location Updated as of March 23,